[Foundation-l] A great ruling for the community

Jeffrey V. Merkey jmerkey at wolfmountaingroup.com
Wed Nov 22 06:31:22 UTC 2006


Brad Patrick wrote:

>The California Supreme Court issued its ruling yesterday in the Barrett 
>v. Rosenthal case, one of the most closely watched cases involving the 
>Communications Decency Act section 230.  The Court came down strongly in 
>favor of internet freedom and immunity from liability for those within 
>the protection of Section 230.  This has significant implications for 
>"distributor" and "user" theories of liability/immunity.  Overall, this 
>decision is very good for Wikimedia Foundation projects, and our users.
>
>I encourage anyone interested to see the opinion at 
>http://www.courtinfo.ca.gov/opinions/documents/S122953.PDF.
>
>
>-Brad
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>  
>
No help in Federal Court though, where most interstate litigations 
occur, just California, and their long arm
statutes are very restrictive. In a state that already has SLAPP 
precedents, seems a natural next step for their
supreme court. The dormant commerce clause will undoubtably govern those 
cases however for CDA 230.

Jeff



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