The Canadian Supreme Court held that linking to third party content is not libel in Crookes v. Wikimedia Foundation, Inc. (Sup. Ct. Aug. 29, 2008). For a detailed discussion of the case, read Jeffrey D. Neuburger's post at Mediashift. Since the court limited its ruling to the particular facts of the case, it left open the possibility of future libel … [Read more...] about Foreign Court Decides Linking To Third Party Content Is Not Libel
Archives for November 2008
Linking to third-party content: Does Section 230 Provide Immunity?
Eric Goldman of the Technology Law Blog seems to think so and I agree. The Communications Decency Act was passed in 1996 and later was interpreted by courts to immunize internet service providers form torts committed by users of their systems. In specific, it says: "No provider or user of an interactive computer service shall be treated as the publisher … [Read more...] about Linking to third-party content: Does Section 230 Provide Immunity?
Lawyer In Defamation Case Sanctioned $14,000
A lawyer being sued by a New York law firm for defamation made the unfortunate mistake of attempting to implead opposing counsel as a third-party defendant in the lawsuit. As a result, the attorney was sanctioned by the court in the sum of $14,000 for employing a "frivolous" tactic. For more about this story, read the Corporate Legal Times. This … [Read more...] about Lawyer In Defamation Case Sanctioned $14,000
Plaintiffs May Remain Anonymous In Internet Defamation Cases
Lisa H. Miller writes in the Internet Defamation Law Blog about Sealed Plaintiff v. Sealed Defendant # 1, 06-1590-cv (2nd Cir. 2008), a case which addresses the question: "Can a plaintiff sue anonymously in an internet defamation setting?" The answer is yes, as long as the plaintiff's need to remain anonymous outweighs the public's need for … [Read more...] about Plaintiffs May Remain Anonymous In Internet Defamation Cases
Does the U.S. Need A National Speech Code?
I wrote a post not too long ago about "defamation of religion" and the United Nations. After reading Steven Groves' excellent article, "Why the U.S. Should Oppose "Defamation of Religions" Resolutions at the United Nations", I am firmly convinced that the First Amendment as we understand it today is in danger. It is well known … [Read more...] about Does the U.S. Need A National Speech Code?