Last summer, we wrote about an incredibly poorly thought out lawsuit, by a company named Luvdarts, developers of MMS content, suing the mobile operators
, because MMS can be forwarded from a recipient to another person. The company claimed that the big mobile operators were no different than file sharing networks, like Limewire or Gnutella, because each forwarding of content was infringement. As we pointed out at the time, this made no sense. It was a silly argument that was really being put forth by a guy named Max Davis, who has an equally silly plan to add compulsory licensing to MMS content, and this lawsuit was an incredibly weak attempt to push the mobile operators into negotiating. Instead, as we predicted, it's been dismissed by the courts for failure to state a claim
. The dismissal was with prejudice
, meaning that the court doesn't want to see them again on this. The press release linked above is kind of amusing, because it has the folks behind the lawsuit claiming that they're happy
about this result and planning to appeal. Guys, you just got laughed out of court, because this lawsuit makes no sense. Appealing isn't going to fix that.