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RIGHTHAVEN LLC v. HOEHN

Nos. 11-16751, 11-16776.

716 F.3d 1166 (2013)

RIGHTHAVEN LLC, Plaintiff-Appellant, v. Wayne HOEHN, Defendant-Appellee. Righthaven LLC, Plaintiff-Appellant, v. Thomas A. DiBiase, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2013.

Attorney(s) appearing for the Case

Erik S. Syverson (argued), Miller Barondess, LLP, Los Angeles, CA, and Shawn A. Mangano , Las Vegas, NV, for Plaintiff-Appellant.

Kurt Opsahl (argued) and Corynne McSherry , Electronic Frontier Foundation, San Francisco, CA; Colleen Bal and Caroline E. Wilson , Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for Defendant-Appellee Thomas A. DiBiase.

Marc J. Randazza (argued), J. Malcolm DeVoy IV , and Jason A. Fischer , Randazza Legal Group, Las Vegas, NV, for Defendant-Appellee Wayne Hoehn.

Steven J. Metalitz and J. Matthew Williams , Mitchell Silberberg & Knupp LLP, Washington, D.C., for amici curiae The Association of American Publishers and The Recording Industry Association of America.

Before: DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so.1 Before us is a case about a lawyer who tried to establish that a company owned a copyright by drafting a contract calling the company the copyright

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