All Academic, Inc. Research Logo

Info/CitationFAQResearchAll Academic Inc.
Document

Bad Words and Good Samaritans: Defamatory Speech in Cyberspace
Unformatted Document Text:  13 room. Since Kinko’s does not assign users a unique Internet protocol (IP) address or keep a record of who rents its computers, the plaintiff sued Kinko’s for defamation and interference with a business relationship. “For now,” the court noted, “Section 230 of the Communication Decency Act errs on the side of robust communication, and prevents the plaintiffs from moving forward with their claims” (p. 1072). • In Schneider v. Amazon.com (2001), the Washington State Court of Appeals considered whether Amazon.com was responsible for defamatory statements about Schneider’s works on taxation and asset protection posted to the book review section of Amazon.com’s popular web site. When Schneider complained that some of the negative reviews of his work violated Amazon.com’s own rules, the company agreed to remove the offending messages. When Amazon.com failed to make good on this promise, Schneider sought legal redress. While Amazon is not an ISP per se, the court nonetheless analogized Amazon’s web site to AOL’s popular message boards for Section 230 purposes. Having drawn the parallel, the court cited Zeran’s holding that Section 230 “precludes courts from entertaining claims that would place a computer service provider in a publisher’s role. Thus, lawsuits seeking to hold a service provider liable for its exercise of a publisher’s traditional editorial functions—such as deciding whether to publish, withdraw, postpone or alter content—are barred” (p. 464). Reviewing this entire line of cases, Patel (2002) concludes “there has not yet been a single case that has held an ISP liable for disseminating third-party defamatory statements over the Internet” (p. 661).

Authors: Herbeck, Dale.
first   previous   Page 13 of 28   next   last



background image
13
room. Since Kinko’s does not assign users a unique Internet protocol (IP) address
or keep a record of who rents its computers, the plaintiff sued Kinko’s for
defamation and interference with a business relationship. “For now,” the court
noted, “Section 230 of the Communication Decency Act errs on the side of robust
communication, and prevents the plaintiffs from moving forward with their
claims” (p. 1072).
In Schneider v. Amazon.com (2001), the Washington State Court of Appeals
considered whether Amazon.com was responsible for defamatory statements
about Schneider’s works on taxation and asset protection posted to the book
review section of Amazon.com’s popular web site. When Schneider complained
that some of the negative reviews of his work violated Amazon.com’s own rules,
the company agreed to remove the offending messages. When Amazon.com
failed to make good on this promise, Schneider sought legal redress. While
Amazon is not an ISP per se, the court nonetheless analogized Amazon’s web site
to AOL’s popular message boards for Section 230 purposes. Having drawn the
parallel, the court cited Zeran’s holding that Section 230 “precludes courts from
entertaining claims that would place a computer service provider in a publisher’s
role. Thus, lawsuits seeking to hold a service provider liable for its exercise of a
publisher’s traditional editorial functions—such as deciding whether to publish,
withdraw, postpone or alter content—are barred” (p. 464).
Reviewing this entire line of cases, Patel (2002) concludes “there has not yet been a single case
that has held an ISP liable for disseminating third-party defamatory statements over the Internet”
(p. 661).


Convention
All Academic Convention can solve the abstract management needs for any association's annual meeting.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.
Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!
Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!
Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

first   previous   Page 13 of 28   next   last

©2012 All Academic, Inc.