Posted by Jeff from bgp01107368bgs.wbrmfd01.mi.comcast.net (18.104.22.168) on Friday, August 16, 2002 at 7:18PM :
Liable only for your own content
Communications Decency Act, section 509 protects the ?provider or user of an interactive computer
service? from being held liable for ?information provided by another information content provider?
47 U.S.C. §§ 230(c)(1), 230(d)(3)
Several courts have held that this protects the operator of a computer bulletin board against
liability for defamation by a poster on the board, or even by a news provider that the operator
pays for content. Ben Ezra, Weinstein & Co. v. America Online, 206 F.3d 980 (10th Cir.
2000); Zeran v. America Online, 129 F.3d 327 (4th Cir. 1997); Blumenthal v. Drudge, 992
F. Supp. 44 (D.D.C. 1998).
This applies even to defendants who are not ISP?s like AOL, but simply operate a web site.
Marczeski v. Law, 122 F. Supp.2d 315, 327 (D. Conn. 2000); Barrett v. Clark, 2001 WL
881259, *9 (Cal. Super.); Schneider v. Amazon.com, 31 P.3d 37 (Wash. App. 2001)
exception for trademark or copyright violations: 47 U.S.C. § 230(e)(2)
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