Quote:
Originally posted by Wayne at Pelican Parts
Wow, an actual useful decision came out of a SF court. Amazing...
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I wouldn't be cheering this decision too loudly.
This case really doesn't sound like it is any victory for "free speech" -- from the details I've read about it, it sounds more like a case that will allow the internet to become a cesspool of defamation, with the victims of this defamation having little recourse in protecting themselves against the spread of information that damages their good name.
This is a case about a woman (who actually runs a news group herself) who posted defamatory content about a doctor on two other sites she did not run. She/her attorneys used "unclear" wording in the law to argue that the law (The Communications Decency Act of 1996) was intended to protect not just forum owners (like you Wayne), but to protect the posters too. The court decided that the law "applies to 'users' of interactive computer services as well as 'providers.'"
If you have a good reputation and don't mind that any jerk with a computer and internet connection will be able to post any lie he wanted to about you online, and to be completely protected from any defamation lawsuit by you, then you will applaud this California court decision.
http://www.courtinfo.ca.gov/opinions/documents/S122953.PDF