Perfect10 fails in bid to nail credit card firms
The US 9th Circuit Court of Appeals has agreed with a lower court ruling that Perfect10 had failed to prove its copyright claims against major credit card companies, according to a report in The Register.
Perfect10, publishers of an adult magazine and Web site, had sued Visa, MasterCard and others after sending repeated notices that some of the Web sites receiving credit card processing services from those financial institutions contained stolen Perfect10 images. In addition to copyright and trademark infringement claims, Perfect10 filed numerous state law claims against the defendants. In 2004, as originally reported in eLaw & Management, the lower court dismissed Perfect10\'s claims. And, now the Appeals Court has similarly sided with the defendants. The court dismissed Perfect10\'s contributory copyright claim after determining that the credit card companies had neither materially contributed to nor induced the infringing behaviour. Full report in The Register