Google, Yahoo and Amazon Beat Defamation Claims–Kabbaj v. Google

Photo credit: enameled house number two hundred and thirty // ShutterStock

Photo credit: enameled house number two hundred and thirty // ShutterStock

The pro se plaintiff alleges that unknown Does defamed him. He sued Google, Yahoo and Amazon for this defamation alleging:

(1) Google administered a blogger service and profile pages that contained defamatory and threatening communications; (2) Amazon created several accounts wherein it published/sold novels authored by third-parties and published user comments that defamed Plaintiff, and (3) defamatory content was created and sent by users of Yahoo’s email and internet service platform

You all know where these allegations are going–quickly down the tubes on a 12(b)(6) motion to dismiss:

The Defendants are immune under [Section 230] against Plaintiff’s allegations. Defendants cannot be held liable for state law claims [including tortious interference with a contract, intentional infliction of emotional distress, and defamation] because they opted to publish a third party’s statements, acts identified as a traditional editorial function. The Court further finds that the amended complaint does not state, nor will it be able to state, any viable claims against Defendants with respect to their decision to publish third party statements. Thus, the Court grants the Defendants’ motions to dismiss with prejudice.

As you’ve probably guessed, this isn’t Kabbaj’s only lawsuit.

Case Citation: Kabbaj v. Google, Inc., 2014 WL 1369864 (D. Delaware, April 7, 2014). The complaint.