In a different case, the U.S. District Court of Nevada also granted summary
judgment to one of the alleged infringers in Righthaven, LLC v. Hoehn on the
grounds of fair use.254 The only factor weighing against fair use was that the
entire work was posted.255 The court found that Hoehn’s use of the article was
noncommercial and nonprofit, a presumptively fair use.256 The article was also
posted as part of an online discussion in a sports handicapping forum.257 When
considering the creativity of the article, the court found that the work contained
a significant informational element, which allowed for a broader scope of fair
use.258 However, because fair use varies on a case-by-case basis and the
alleged content was found in an online discussion forum, it is difficult to
contend that the Hoehn fair use analysis would apply to news aggregators as
well.