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re: What is TDs liability for posts?
Posted on 1/22/14 at 4:12 pm to TheLankiestLawyer
Posted on 1/22/14 at 4:12 pm to TheLankiestLawyer
Did you read what is happening with thedirty.com and that Bengals cheerleader though?
It seems the CDA may not be as clad proof as it once was.
LINK
It seems the CDA may not be as clad proof as it once was.
quote:
This case has created a buzz in the reputation management industry, since it was the first time CDA was not accepted as a defense. The main reason of the judge not allowing the CDA as a defense is believed to be the fact that Richie acts as an editor of all content posted on the website and often modifies or adds his own comments. It is thought that the success of this lawsuit would open the doors to a flood of similar lawsuits.[16][17]
LINK
2
Posted on 1/22/14 at 4:16 pm to lighter345
quote:
Richie acts as an editor of all content posted on the website and often modifies or adds his own comments
This is significant and makes that case distingusihable from the more 'normal' CDA cases cited in that Wiki link.
The owner of the website editing and adding his own comments is significant because he is not acting as a neutral conduit of info posted by others but is rather actively engaging in whatever discussion. He's getting away from the neutral conduit and going more towards the active poster of information/opinions/defamatory statements, etc.
It'd be like Chicken himself posting defamatory stuff and then trying to hide behind the CDA. The CDA is designed to shield websites from liabiltiy solely because they were the medium by which the defamatory content was transmitted. It's not a blanket shield for you to be an a-hole if you just so happen to also own the website.
This post was edited on 1/22/14 at 4:20 pm
Posted on 1/22/14 at 4:18 pm to lighter345
quote:
believed to be the fact that Richie acts as an editor of all content posted on the website and often modifies or adds his own comments.
this was obvious from the beginning. i wonder if he will get away with it
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