Bump for update on this case... and no doubt to the surprise of many who have followed Perfect 10's past litigation efforts, it involves
good news for Norm. ;-)
The court has
declined Megaupload's motion to dismiss for the most part, dismissing (without prejudice) P10's vicarious infringement, trademark infringement and right of publicity claims, but allowing the case to proceed with respect to P10's claims of direct infringement, contributory infringement, trademark dilution and unfair competition claims.
This doesn't mean, of course, that Megaupload will eventually be held liable on the claims that were not dismissed, but there are portions of this ruling that suggest the court is perhaps not too impressed with some of Megaupload's arguments, in light of its business model and its conduct related to that business model.
Like this bit, for instance:
Quote:
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Tellingly, in its motion to dismiss, Megaupload does not dispute Perfect 10's allegations that it induces, causes, or materially contributes to infringing conduct. Nor could it, given the allegations that Megaupload encourages, and in some cases, pays its users to upload vast amounts of popular media through its Rewards Programs, disseminates URLs that provide access to such media, and has provided payouts to affiliates who catalogue the URLs for all available media. Under the circumstances of this case, if Megaupload lacks knowledge of infringing activity, Plaintiff's allegations suggest such lack of knowledge is willful.
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It will be interesting to see how the case finally plays out, that's for sure.