The opinion is Hoge v. Schmalfeldt (D. Md. July 1, 2014). Hoge alleges that Schmalfeldt copied Hoge’s posts and comments on Hoge’s blog in Schmalfeldt’s e-books and Twitter messages. The court concludes that Hoge likely doesn’t own the comments — to sue for infringement, you have to have exclusive rights to the content, and while a nonexclusive license can be conveyed just by posting comments, exclusive rights require a signed conveyance of rights, something that few bloggers get from commenters. The court also concludes that Schmalfeldt’s use of Hoge’s work is likely a fair use, because it involved commentary and criticism of the original.

I don’t have the time to excerpt the opinion (which, on a quick glance, strikes me as likely correct), but I thought I’d briefly mention about the case, since it might be of interest to readers who also follow other blogs; note also that Hoge and Schmalfeldt have also been involved in the Brett Kimberlin saga.