A three-judge panel for the 9th...
A three-judge panel for the 9th U.S. Circuit Court of Appeals in San Francisco dismissed an appeal of a lawsuit jointly brought by Luvdarts, a company that creates digital greeting cards and other content for delivery on MMS networks. The…
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suit claimed the top four U.S. wireless carriers -- Verizon Wireless, AT&T, Sprint Nextel and T-Mobile USA -- were liable when their customers forwarded Luvdarts-created content in violation of the company’s copyright. The court affirmed U.S. District Judge Dean Pregerson’s decision to dismiss the lawsuit when it came before his court in Los Angeles. Luvdarts failed to prove “that the Carriers had the necessary specific knowledge of infringement” and failed to prove “that the Carriers had the necessary right and ability to supervise the infringing content,” Judge Diarmuid O'Scannlain said in the panel’s opinion (http://1.usa.gov/108NECw).