AT&T, Verizon, Sprint, T-Mobile Hit With Dumbest Antitrust Lawsuit Ever

from the please dept

We just wrote about how Max Davis, who’s trying to create a silly and totally pointless compulsory licensing system for MMS content was more or less laughed out of court in the lawsuit he filed against the mobile operators, claiming that they were running illegal P2P file sharing programs in the form of their MMS capabilities. It apparently took him all of a few days to come up with a new, perhaps even more ridiculous strategy: he’s suing AT&T, Verizon, Sprint, T-Mobile and TracFone for supposed antitrust violations over the same basic issues. Once again, it seems clear that this is an incredibly weak (and almost certainly unproductive) attempt at getting these companies to agree to his pointless licensing scheme.

So how are these mobile operators guilty of antitrust violations? According to Davis:

Defendants purposely conspired via collusion to install themselves as the new primary gate keepers and sole beneficiaries of multimedia content sharing through their new MMS technologies.

Except, of course, that’s ridiculous. These companies did agree to set up MMS systems, but that’s because they’re the mobile operators who run the mobile networks. That’s not collusion. And it’s not antitrust. The filing gets more ridiculous as it goes on. He claims that these operators do not qualify as DMCA service providers, contrary to the pretty clear language of the law and plenty of case law. The whole thing seems frivolous, and it seems likely that this lawsuit will reach a similar conclusion to the previous one.

Filed Under: ,
Companies: at&t, sprint, t-mobile, tracfone, verizon

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “AT&T, Verizon, Sprint, T-Mobile Hit With Dumbest Antitrust Lawsuit Ever”

Subscribe: RSS Leave a comment
25 Comments
Anonymous Coward says:

I agree it’s non-sense, but I disagree with you.

These companies did agree to set up MMS systems, but that’s because they’re the mobile operators who run the mobile networks. That’s not collusion. And it’s not antitrust.

That makes 0 sense whatsoever. M$ were the “operators” of Windows, and still were guilty of Anti-trust. Being the operator makes you in no way exempt from it, which is what the sentence clearly assumes.

:Lobo Santo (profile) says:

Re: Re:

Clear inability to comprehend language.

You get an F

Also, Microshaft was found guilty of antitrust because they were engaging in such activities.

Max Davis, on the other hand, is apparently a nutjob bent on making money off of somebody else’s invention.

Good luck to him, he’s 3 ignorant judges and 15 years in lawsuits away from winning.

Even if he wins, the MMS will be obsolete and the originally demanded compensations will be the equivalent of $50 thanks to inflation.

Anonymous Coward says:

Re: Re: Re:

And you sir, are an ass, with a God complex. You try (and fail) to be superior to others without as much as a simple valid explanation. -100 for you and your complex. That’s -200 total.

No one mentioned Davis in the above comment, only you did. It was only meant to show how that phrase is misleading, and you walked right into it, with your complex.

Nice to see more trolls.

Anonymous Coward says:

Re: Re:

“That makes 0 sense whatsoever. M$ were the “operators” of Windows, and still were guilty of Anti-trust. Being the operator makes you in no way exempt from it, which is what the sentence clearly assumes.”

*THAT* makes no sense. The carriers merely implemented a communication standard. Communication standards, by their definition, need to be agreed upon by the various intervening parties, or else, you’re going to have a hell of a hard time to implement it. You couldn’t have, say, the internet if every computed decided to implement it’s own version of a communication protocol. Get it?

Microsoft’s case was different because they abused their position and were pushing their own product, and giving no chance for others to compete.

One final point: I certainly hope that Microsoft is not operation on MY windows. This thing already has enough problems as it is. I don’t need some smart-ass MS tech messing around with it…

Anonymous Coward says:

Re: Re: Re: Re:

Excuse me for a second. Is wikipedia lying to me?

http://en.wikipedia.org/wiki/Network_operator

also:

http://en.wikipedia.org/wiki/Mobile_carrier

Which redirects to http://en.wikipedia.org/wiki/List_of_mobile_network_operators .

So, it appears to me that they are, in fact, the same.

Care to illuminate me? Is there any subtle difference I am missing?

Anonymous Coward says:

Re: Re: Re:

MMS is not a standard. Anyone can write their own version, which could, to some extent, be a fully working P2P system. I believe in this case it is not, but that does not take away liability from the operators.

They, by definition, operate the network, and could very well implement whichever software they want, regardless of if it fits with the “industry standards”. We’ve seen it plenty of times before, operators failing horribly. Why could that never happen?

And again, I believe MS was an example, which you people took completely out of context, as you usually do here on techdirt. I see the word fanboy above, and try not to use it, but when you see people giving grades for failing to read themselves, it’s hard to not use it; especially when you people like to call trolls anyone who doesn’t agree with you.

You reap what you sow, eh Mike.

Add Your Comment

Your email address will not be published.

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...