Spreadbury v. Bitterroot Public Library, 2012 WL 734163 (D. Montana, March 6, 2012) Plaintiff was upset at some local government officials, and ended up getting arrested for allegedly trespassing at the public library. Local newspapers covered the story, including on their websites. Some online commenters said mean things about plaintiff, so plaintiff sued a whole [...]
Archive for the ‘Section 230’ Category
Six interesting technology law issues raised in the Facebook IPO
February 1st, 2012
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Patent trolls, open source, do not track, SOPA, PIPA and much, much more: Facebook’s IPO filing has a real zoo of issues. The securities laws require that companies going public identify risk factors that could adversely affect the company’s stock. Facebook’s S-1 filing, which it sent to the SEC today, identified almost 40 such factors. [...]
Section 230 shields Google from liability for anonymous defamation
October 2nd, 2010
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Black v. Google Inc., 2010 WL 3746474 (N.D.Cal. September 20, 2010) Back in August, the U.S. District Court for the Northern District of California dismissed a lawsuit against Google brought by two pro se plaintiffs, holding that the action was barred under the immunity provisions of 47 USC 230. That section says that “[n]o provider [...]
Yelp successful in defamation and deceptive acts and practices case
September 9th, 2010
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Reit v. Yelp, Inc., — N.Y.S.2d —, 2010 WL 3490167 (September 2, 2010) Section 230 of Communications Decency Act shielded site as interactive computer service; assertions regarding manipulation of reviews was not consumer oriented and therefore not actionable. As I am sure you know, Yelp! is an interactive website designed to allow the general public [...]
Communications Decency Act immunizes hosting provider from defamation liability
August 5th, 2010
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Johnson v. Arden, — F.3d —, 2010 WL 3023660 (8th Cir. August 4, 2010) The Johnsons sell exotic cats. They filed a defamation lawsuit after discovering that some other cat-fanciers said mean things about them on Complaintsboard.com. Among the defendants was the company that hosted Complaintsboard.com – InMotion Hosting. The district court dismissed the case [...]
Forwarder of defamatory email protected under Section 230
February 28th, 2010
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Hung Tan Phan v. Lang Van Pham, — Cal.Rptr.3d —, 2010 WL 658244 (Cal.App. 4 Dist. Feb. 25, 2010) Defendant, a veteran of the Vietnamese military, forwarded an email to some other Vietmamese veterans which apparently defamed another veteran. He didn’t just forward the email, though. He added some commentary at the beginning, which said [...]
How Section 230 is like arson laws when it comes to enjoining website operators
January 12th, 2010
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The case of Blockowicz v. Williams, — F.Supp.2d —, 2009 WL 4929111 (N.D. Ill. December 21, 2009), which I posted on last week is worthy of discussion in that it raises the question of whether website operators like Ripoff Report could get off too easily when they knowingly host harmful third party content. Immunity under [...]
Injunction against defamatory content could not reach website owner
January 7th, 2010
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Blockowicz v. Williams, — F.Supp.2d —, 2009 WL 4929111 (N.D. Ill. December 21, 2009) (This is a case from last month that has already gotten some attention in the legal blogosphere, and is worth reporting on here in spite of the already-existing commentary.) Plaintiffs sued two individual defendants for defamation over content those defendants posted [...]
