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

February 21, 2007 · by · in Derivative Liability

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 sues the message board/messaging tool provider (in this case, Microsoft). Microsoft files a 12(b)(6) motion to dismiss per 47 USC 230, and case is over–just like that. It’s worth noting that the plaintiff sued pro se, which I think provides a significant explanation why the case was even brought.