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Supreme Court Won't Hear Web Site Shutdown Case

The U.S. Supreme Court will not review a ruling that allowed the Motion Picture Association of America to temporarily shut down a Web site it erroneously believed was offering illegal downloading of movies.

Plaintiff Michael J. Rossi operates internetmovies.com, a Web site where users pay a membership fee to access an online directory of artists' works and obtain information about movies on the Internet.

According to court filings, the site included statements such as "Join to download full length movies online now! New movies every month," "Full Length Downloadable Movies" and "NOW DOWNLOADABLE."

In March 2001, according to the complaint, the MPAA sent Rossi's Internet service provider, FlexNet Inc., a letter demanding the site be taken down. The MPAA was acting under the Digital Millennium Copyright Act, which allows a copyright owner to have a Web site taken down if the copyright owner believes the site is making infringing content available.

Rossi moved internetmovies.com to a new ISP and filed suit against the MPAA and Hemanshu Nigam, its director of worldwide Internet enforcement. The suit alleged the defendants unlawfully interfered with Rossi's Web hosting contract with FlexNet and with his unique business opportunity as the first Web site of its kind. He also said he has never engaged in unauthorized distribution of copyrighted motion pictures.

The suit also made claims for defamation, intentional infliction of emotional distress, tortious interference with contractual relations and tortious interference with prospective economic advantage.

The defendants moved for summary judgment, contending they acted lawfully under the terms of the DMCA. U.S. Magistrate Judge Barry M. Kurren of the District of Hawaii agreed and granted summary judgment to the defendants.

Rossi appealed to the U.S. Court of Appeals for the 9th Circuit, which affirmed the magistrate judge's decision.

Rossi argued that the MPAA should have tried to determine whether any actual infringement was occurring before attempting to shut down his site. The appeals court agreed with the defendants that the Web site's representations "virtually compel" the conclusion that full-length movies were available from the site. Rossi admitted that even some of his own customers thought so, the panel pointed out.

The panel also affirmed judgment in favor of the defendants on the remaining state law claims.

Rossi petitioned the U.S. Supreme Court to review the case, arguing that the 9th Circuit's decision violated Rossi's First Amendment rights. Rossi said his Web site amounted to an online magazine entitled to full First Amendment protection..

The MPAA waived its right to file an opposition brief.