29
Mar/13

9th Cir: MMS Network Not Liable for (c) Infringement Of Which It Had No Specific Knowledge


Question to Ninth Circuit: Whether the owners of mobile multimedia messaging networks can be held liable for copyright infringement that allegedly occurs on their networks.

Justia opinion summary: Luvdarts sued mobile wireless carriers, who own multimedia messaging networks (MMS networks), for copyright infringement. At issue was whether the carriers could be held liable for copyright infringement that allegedly occurred on their networks. Because Luvdarts failed to allege adequately that the carriers had the necessary right and ability to supervise the infringing conduct, the district court properly determined that they could not prevail on their claim of vicarious copyright infringement. Because Luvdarts failed to allege adequately that the carriers had the necessary specific knowledge of infringement, it could not prevail on its claim of contributory copyright infringement. Accordingly, Luvdarts failed to state a claim on which relief could be granted and the district court properly dismissed its complaint with prejudice.

Link to opinion