Max Sound Corporation (MAXD)

[Urbanlegend]

Some confusion out there about this appeal...

But this simple version is this: Judge Davilla dismissed the original lawsuit, on the grounds that Max Sound was not a valid party (it lacked standing). Max Sound appealed that.

Google could filed a motion, alternatively, arguing that even if Judge Davilla got it wrong, the issue was now moot because of the new deal said to have been arranged between Max Sound and Vedanti.

The Court of Appeal ruled that Judge Davilla's decision was correct, and this judgment was affirmed. There was no need to address the second contention that the appeal was moot, because the appeal was unsuccessful on the merits. (The mootness issue itself was in effect moot).

It would be I think ridiculous and misleading spin to suggest that because the mootness issue was not addressed, Max Sound somehow won something on this appeal. It was not addressed because it was unnecessary. They lost the appeal. The judgment of Judge Davilla was affirmed.

This case is now over, except for the question of costs.