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Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
dafamation, section 230

Companies:
godaddy, ning, twitter, wordpress



Twitter, WordPress, Ning & GoDaddy All Sued In Mistargeted Lawsuit Over Defamation

from the someone-please-learn-section-230 dept

Last week, a lawsuit involving an allegedly defamatory Twitter message about a landlord made the news. This week, we've got another defamation suit involving another Twitter message and a condo building, but the situation here is quite different. First, if the alleged facts are true, it does sound like it could be defamation. It involves some condo owners, and who used Twitter, blogs and other websites to apparently accuse the condo board president of a variety of things including "murder, bribery, extortion, illicit payoffs, and corruption." Assuming those things are untrue, it would appear that the guy targeted by all this, Daniel Neiditch, has a decent defamation claim.

However, rather than just sue those folks responsible for the message, Neiditch's lawyers appear to have sued pretty much every company that these messages could loosely be associated with, including Twitter, WordPress, Ning, and GoDaddy. As Sam Bayard notes in the link, it appears that Neiditch's lawyers appear not to know about Section 230 of the CDA. That's a pretty big one for your lawyers to miss when filing a lawsuit like this. Ultimately, all four of those companies should have the case easily dismissed under Section 230, but it will be a waste of time and money in the meantime.

Of course, even if they were totally unaware of Section 230, basic common sense should tell you that these sites, hosting the content (or the domain, in the case of GoDaddy) should never be responsible for what was written on those sites. Going after them as a part of the lawsuit appears to be a blatant money grab, by trying to tie any company to the lawsuit, no matter how ridiculous the connection is between the actual action and the company. There really ought to be sanctions against lawyers who do such things, because it happens way too often.

19 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
bans, blogs, brazil, bully, wordpress

Companies:
take two interactive, wordpress



Brazil Bans Bully And A Bunch Of Blogs

from the can't-stop-banning dept

Brazil seems to be really into banning things online these days. You may recall the totally pointless ban on YouTube to hide a single video (which a lot more people saw after the ban was put in place). Eventually the courts reversed the ban and even required the model whose video resulted in the ban to pay Google as compensation for the unnecessary ban. Even with that experience, however, it looks like the Brazilian courts are prone to overreacting and broadly banning anything it doesn't like.

First up is the news that a Brazilian court has banned the sale of the video game Bully. This would be the same video game that Jack Thompson went to court to have banned even though he had never played it -- and even though anti-bullying activists praised the game, noting that it really was no different than movies like Rushmore or Napoleon Dynamite. The judge's explanation for the ban is a bit weak: "The aggravating factor is that everything in the game takes place inside a school." I really don't see how that matters. The game is about a kid learning to deal with different cliques and factions in a school. That seems rather realistic. Does the judge think that real life cliques in schools will suddenly disappear if this game is unavailable? Perhaps Stephen King can head to Brazil and convince them why this is wrong.

On top of that, news is coming out that a Brazilian court has also banned access to Wordpress.com, one of the most popular blog hosting sites around. It looks quite similar to the YouTube situation, where the judge really just wanted a single blog banned, but without an easy way to do that, ISPs are blocking the entire site and every blog carried on Wordpress. This is, just as with the other bans, a total overreaction. Not only will it call more attention to the "problem" blog, it will piss off and inconvenience a ton of totally innocent people as well.

40 Comments | Leave a Comment..

 
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