Carriers Cleared on Shared Luvdarts Cards

(CN) - Owners of mobile multimedia messaging networks did not infringe on copyrights by failing to prevent multiple sharings of "Luvdarts" messages, the 9th Circuit ruled Monday.

Luvdarts LLC sold "greeting card style messages" to users of MMS networks through 2011. It claimed that AT&T Mobility, Verizon Wireless and T-Mobile infringed its copyrights, and induced others to do so, when they did nothing to stop users from resharing Luvdart content.

While Luvdarts had attached a warning against sharing to each message, there was no technical reason why users could not do so. After discovering the problem, Luvdarts demanded that the carriers "provide 'accountability' for the infringing content," but they did nothing, according to ruling.

A Los Angeles federal judge dismissed the complaint, with prejudice, for failure to state a proper claim. The 9th Circuit affirmed unanimously on Monday.

Luvdarts "failed to allege adequately that the carriers had the necessary right and ability to supervise the infringing conduct," Judge Diarmuid O'Scannlain wrote for the three-judge panel based.

The Pasadena-based panel also concluded that Luvdarts had failed to show that the carriers had the necessary "specific knowledge" of the alleged infringements.

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