[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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