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Injunction Denied in Part in Texas Attorney General Suit Against Jawa
Apr 08, 2011 (05:04 PM EDT)
AUSTIN, Texas, April 8, 2011 /PRNewswire-USNewswire/ -- A state district judge in Austin denied, in part, a request for temporary injunction brought by the Texas Attorney General against Eye Level Holdings, a/k/a Jawa, one of the nation's top providers of original content through text messages. In another part of the order, the Court required Jawa to comply with certain non-legal Guidelines of the Mobile Marketing Association (MMA), an industry group, something Jawa already does.
"We are grateful for the careful attention Judge Dietz gave to this important matter and that he denied the first seven requests made by the Texas Attorney General," said Jawa's CEO Jason Hope. "I am gratified that the Court saw no evidence that I should be personally enjoined."
Jawa is already complying with the MMA Best Practices, but sees danger in the Texas Attorney General's attempt to regulate Internet communications by mandating industry guidelines. The company notes that even the state's expert testified that state-by-state and judge-by-judge regulation would "hinder the marketplace." "I have always been led to believe that Texas is one of the most pro-business states, but the Attorney General's actions in this case certainly seem contrary to that notion," said Hope.
The MMA has always advocated self-regulation, but one of its representatives who testified at the temporary injunction hearing said that the trend was for the Federal Communications Commission to institute nationwide rules. Jawa believes that if there are to be rules they have to be national in scope and the FCC is the agency with authority in this area. Jawa agrees with the state's expert that it will be an expensive burden to follow one set of rules in Texas and another set elsewhere. Compliance would inevitably slow down the Internet, and ultimately be a cost to consumers, which is not in the public interest.
Jawa immediately appealed that portion of the order mandating compliance with the MMA Guidelines. "Jawa follows the MMA Guidelines," explained Hope. "Our problem with the judge's order and what we will raise in our appeal is that they shouldn't be modified and mandated state-by-state and judge-by-judge."
Founded in 2005, Jawa develops software and media solutions enabling people to stay connected to information, entertainment, and communities while on the go. Jawa is a privately held company headquartered in Scottsdale, Arizona. Jawa is a winner of the "2010 Best Places to Work." For more information on Jawa, please visit http://www.jawa.com.