Luvdarts LLC, et al v. AT&T Mobility, LLC, et al, No. 11-55497 (9th Cir. 2013)
Annotate this CaseLuvdarts 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.
Court Description: Copyright. The panel affirmed the district court’s dismissal of a copyright infringement action brought against the owners of mobile multimedia messaging networks by corporations that produce, publish, distribute, and sell mobile multimedia content. The panel held that the plaintiffs failed to state a claim that the defendants were liable for infringement committed by third parties over their networks under a theory of either vicarious or contributory copyright liability.
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