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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 17, 2008
Journal of Intellectual Property Law & Practice 2008 3(2):83-84; doi:10.1093/jiplp/jpm239
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

US Appeals Court hands ‘priceless’ decision to credit card companies

Margaret A. Esquenet
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Perfect 10, Inc. v Visa International Service Association et al., 494 F.3d 788 (9th Cir. 2007)

A divided panel of the US Court of Appeals for the Ninth Circuit held that a third-party financial services provider that does not materially contribute to or have control over a copyright infringer cannot be held liable for the infringer's wrongful acts. On 9 October 2007, the Ninth Circuit denied Perfect 10's petition for a panel rehearing and petition for rehearing en banc. Both the Recording Industry Association of America and the Motion Picture Association of America had filed amicus briefs in support of Perfect 10's decision. It is likely that Perfect 10 will pursue the case in the US Supreme Court.

Correspondence: Email: margaret.esquenet{at}finnegan.com


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