section 230

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Section 230 to Twitter and others: Delete away

Section 230 to Twitter and others: Delete awayDozier's Position Isn't SurprisingThis isn't the first time that Dozier has made questionable Cyberlaw assessments. See, e.g., http://williampatry.blogspot.com/2007/10/misuse-via-cease-desist-letters.htmlEric.Figured as muchThanks Eric!

Tags: Dozier, Section 230, Twitter

Discussion threads 2008-05-24

Section 230 as safe harbor for case-based identity systems?

Tags: User generated content, Trust, Social networking, Search, Lawsuits, Identity, Attention

Blog posts 2007-06-10

Digg and cracking HD-DVD: Reimerdes comes to social news

Techmeme is all a-flutter, and my ZDNet colleagues have been right on top of the Digg/HD-DVD crack story. Heres my quick take on things, as I run off to OnHollywood where Kevin Rose spoke this morning:Nothing says Digg has to respond to a mere demand letter under any circumstances....

Tags: Voice, User generated content, Social news, Social networking, Lawsuits, DRM, DMCA, Blogging

Blog posts 2007-05-02

Courts continue to immunize community sites under CDA Section 230, but what about the Live Web?

Hard on the heels of a Texas district courts recent decision to dismiss claims against MySpace, Howard Bashman spotted a recent Section 230 decision out of the First Circuit that continues in this vein, and emphasizes the clear judicial trend of applying Section 230s protections to Web sites acting as...

Tags: User generated content, Mashups, Defamation, Podcasting, Live Web, Free speech, Copyright, Blogging, Anonymity

Blog posts 2007-02-26

Section 230 immunizes MySpace from both conduct and speech, says district court

Evan Brown has a good summary of last weeks Doe v. MySpace decision, wherein a federal district court in Texas threw out claims against MySpace due to the protections provided by Section 230 of the Communications Decency Act. As Evan describes:Julie Doe, the anonymous minor plaintiff, lied about her...

Tags: Blogging, Compliance, Free speech, Lawsuits, Privacy, Social networking, User generated content, Virtual worlds

Blog posts 2007-02-18

California Supreme Court says individuals not liable for defamatory online third party acts

The California Supreme Courts opinion in Barrett v. Rosenthal issued today, and, as was widely anticipated, the Court reversed the appellate decision that was under review. Although the case involved a newsgroup posting, todays decision is nevertheless excellent news for bloggers, and brings California law in line with that...

Tags: Blogging, Podcasting, User generated content, Video, Defamation

Blog posts 2006-11-20

Not thy commenter's keeper

Based on the reactions of many of those who attended oral argument before the California Supreme Court in Barrett v. Rosenthal, indications are strong that the Court will come down on the side of protecting those who provide a platform for, but do not author or edit, third party comments...

Tags: Section 230

Blog posts 2006-09-09

Additional Resources

Google reveals identity of Cohen 'skank' blogger

There's no denying the sex appeal of a story featuring a gorgeous model, a mean-spirited name-calling detractor, allegations of sleazy sexual behavior, blogs and Google. That's a hit-chaser's wet dream. But of meatier concern: does a court's order that Google turn over the identity of the blogger who called Liskula...

Tags: Google Inc., Identity, Blogger, Blogging, Internet, Richard Koman

Blog posts 2009-08-19

Judge puts kibosh on YouTube copyright damages dogpile

Judge puts kibosh on YouTube copyright damages dogpileMuch hangs in the balanceCongress has tried to protect service providers with two laws: Section 512 of the DMCA which provides "safe harbor" for providers from users who upload copyright content; and Section 230 of the Communications Decency Act which again, provides...

Tags: YouTube Inc.

Discussion threads 2009-07-08

Judge issues TRO in Craigslist case against South Carolina

A South Carolina judge has issued a temporary restraining order blocking the state's Attorney General from pursuing criminal charges against Craigslist, according to press reports. Until the court rules on the merits of craigslist's claims, defendants and their attorneys and staffs shall refrain from initiating or pursuing...

Tags: South Carolina, Craigslist, Web Site Development, Web Technology, Regulations, Internet, Government, Richard Koman

Blog posts 2009-05-25

Craigslist sues South Carolina AG, who backs off sort of; Download the complaint

Craigslist said Wednesday that it is suing South Carolina Attorney General Henry McMaster for his "direct and public threats to criminally prosecute Craigslist and its management." As noted on the Craigslist blog, the classified ad site is seeking declaratory relief and a restraining order. For background, McMaster...

Tags: South Carolina, Craigslist, Web Site Development, Web Technology, Internet, Larry Dignan

Blog posts 2009-05-20

News to know: Google Search; iPod Touch; Pre launch date; Yahoo; Zune; AMD

Here are today’s notable headlines. You can get News To Know via email alert and RSS daily.  For continuous updates see BNET’s around-the-Web tech coverage. Larry Dignan: Google: Understanding is the next frontier of search; Meet Wonder Wheel, Google Squared Tom Foremski: How...

Tags: Google Inc., Larry Dignan, Apple iPod, Yahoo! Inc., Microsoft Zune, Andrew Nusca, Mary Jo Foley, Microsoft Corp., Google Search, Apple iPod Touch, Advanced Micro Devices Inc., Apple Mac OS X, Apple Mac OS, Microsoft Windows, Piracy, Telecom & Utilities, Digital Music, Digital Media, Operating Systems, Software, Business Operations, Corporate Law, Personal Technology, Consumer Electronics, Sam Diaz

Blog posts 2009-05-13

Ninth Circuit pokes a few holes in Section 230 immunity

Ninth Circuit holds that Yahoo lost immunity when employee made oral promise to take down profile and didn't follow through. by Richard Koman

Tags: Immunity, Richard Koman

Blog posts 2009-05-12

Core i5 details leaked

Core i5 details leakedYes, certainly expensive for a crippled i7 derivativeIt makes the 920 seem like a bargain at $290.RE: Core i5 details leakedMost people use there computers for basic office applications, email and facebook. This is why netbooks are becoming so popular. ...

Tags: Corporate governance, Chipsets, Semiconductors, Processors, Core i7, Core i5

Discussion threads 2009-04-20

EPIC ready to sue Facebook over terms

EPIC ready to sue Facebook over termsSue?! On what grounds?!It's their service, if someone chooses to use it then they need to accept the terms. In what way are Facebook's terms in any way illegal?Already changed backI logged in to Facebook this morning to find a message above...

Tags: Facebook, EPIC

Discussion threads 2009-02-17

Philips NP1100/37

Digital audio streamers may seem like old news in 2008, but the reality is that the product type has only reached maturity in the past couple of years, with relatively affordable, stable products like the Squeezebox Classic and the Apple TV. Still, both of those products are upward of $230...

Tags: Digital music, Digital media, Monitors & displays, power button, Philips NP1100/37, Squeezebox Classic, Philips Electronics N.V.

Product reviews 2008-08-29

News to know: Microsoft's social bookmarking; Google vs. Viacom; Adventures in Linux; Facebook

Notable headlines: Mary Jo Foley: Microsoft to showcase social bookmarking at TechEd Larry Dignan: Google: Viacom's YouTube lawsuit threatens DMCA. Full complaint. Techmeme Ed Bott: Why is fear-mongering such a popular security sales tactic? ...

Tags: Google Inc., Facebook, Larry Dignan, Mobile, Social Bookmarking, Malware, Microsoft Corp., Viacom Inc., Cyberthreats, Spyware, Adware & Malware, Linux, Advertising & Promotion, Security, Viruses And Worms, Open Source, Operating Systems, Software, Marketing

Blog posts 2008-05-27

Section 230 to Twitter and others: Delete away

Community and content management don't void a site's immunity under Section 230 of the Communications Decency Act. Participation in an unlawful act does. I was thus taken aback by the legal analysis included in Wired's/Betsy Schiffman's post about Ariel Waldman and Twitter...

Tags: Alteration, Immunity, Twitter, Regulations, Government, Denise Howell

Blog posts 2008-05-24

Arbitration Forums Implements Web-Based Employee Performance Appraisal Software

Tampa-based Arbitration Forums has been a leading provider of arbitration services for over 60 years. Arbitration Forums employs approximately 230 professionals, over 40 percent of who work from their homes. With such a dispersed workforce, the company's paper-based employee appraisal process was laborious and drawn out. Halogen solution was straightforward...

Tags: Web, Performance, Performance Appraisal, Arbitration, Halogen Software Inc., Arbitration Forums

Case studies 2008-01-01

Court tosses suit against Avvo, concluding algorithmic ratings are protected speech

Lawyer rating start-up and nascent online community Avvo scored a big win yesterday when it convinced a Washington district court to dismiss a putative class action lawsuit filed last June. Avvo aggregates available attorney information, assigns subjective and undisclosed value to various factors, and comes up with a 1-10...

Tags: Third Party, First Amendment, Avvo, Denise Howell

Blog posts 2007-12-19