MSN Wins 47 USC 230 Case (Easily)–Eckert v. Microsoft

By Eric Goldman Eckert v. Microsoft Corp., 2007 WL 496692 (E.D. Mich. Feb. 13, 2007) We don’t see these cases any more. Man gets defamed on online message board and receives harassing messages through an online messaging tool, so he…

MySpace Suit for Liability for Sexual Assault Dismissed

By John Ottaviani Doe v. MySpace, Inc., No. A-06-CA983-SS (W.D. Tex. 2/13/2007). “If anyone had a duty to protect Julie Doe, it was her parents, not MySpace.” (Sparks, J.) This is a HUGE win for MySpace! Plaintiff’s negligence and gross…

Humane Society Barks at the Wrong Defendant–Humane Society v. Amazon

By Eric Goldman The Humane Society of the United States v. Amazon.com (DC Superior Ct complaint filed February 8, 2007) I’m going to start this post with two (relatively uncharacteristic for me) moralistic assertions that I think are largely beyond…

Ezor on Email Blocklists

By Eric Goldman Jonthan Ezor has posted a short paper (10 pages + endnotes), Busting Blocks: Appropriate Legal Remedies For Wrongful Inclusion In Spam Filters Under U.S. Law, to SSRN. This article deals with thorny issues created by email blocklist…

Advertisers Settle NY Anti-Adware Action

By Eric Goldman Earlier this week, the New York Attorney General’s (NYAG) office issued a press release with the blazing all caps headline: GROUNDBREAKING SETTLEMENTS HOLD ONLINE ADVERTISERS RESPONSIBLE FOR DISPLAYING ADS THROUGH DECEPTIVELY INSTALLED “ADWARE” PROGRAMS Groundbreaking…or groundless? After…

Anti-Spammer Wins 230 Defense–Pallorium v. Jared

By Eric Goldman Pallorium v. Jared, G036124 (Cal. Ct. App. Jan. 11, 2007) This case is another 230 defense win (using the rarely used 230(c)(2) provision) protecting anti-spammers for their efforts to combat spam. Jared published a list of IP…

Delfino v. Agilent Cert Petition

Delfino v. Agilent, No. H028993 (petition for certiorari to California Supreme Court filed January 17, 2007) I previously blogged about Delfino v. Agilent, which held that 47 USC 230 insulated Agilent from liability for an employee’s use of its network…

Barrett v. Rosenthal Battle Spills Over to Wikipedia

By Eric Goldman The Barrett v. Rosenthal lawsuit may have been decided decisively in Rosenthal’s favor, but that doesn’t mean the litigants are done shooting at each other. On the contrary, Polevoy and Rosenthal are still going at it, this…

Court Reiterates 230 Dismissal–Doe v. Bates

By Eric Goldman Doe v. Bates, 2006 WL 3813758 (E.D. Tex. Dec. 27, 2006) I previously blogged about Doe v. Bates, which involved a plaintiff trying to hold Yahoo liable for child pornography disseminated by members of one of its…

Employer Not Liable for Employee’s Threatening Emails Per 47 USC 230–Delfino v. Agilent

By Eric Goldman Delfino v. Agilent Technologies, Inc., 2006 WL 3635399 (Cal. App. Ct. Dec. 14, 2006) Prior to this case, my working theory was that 47 USC 230 would not insulate employers from liability for employee actions because companies…