On Jan 18 2007, Hugemusic wrote:
Possibly, but I think there's a few significant differences.
In the MySpace cases, a crime was committed by someone against a minor. We're not talking about "metal-inspired" teen suicide ... perhaps more analogous with the record company that sold music to the Columbine teenagers, but I don't recall that claim being made ... at least, not in court ...
These kind of lawsuits are fairly common against media/publishers -- not just the "metal-inspired" teen suicide cases, but the "copycat" cases (e.g., the Olivia N. case in which the plaintiff, who was raped with a plumber's helper, alleged that the perpetrators got the idea from a television show and so sued the broadcaster), and the "forum for crime" cases (e.g., the series of cases against Soldier of Fortune magazine for attempted murders from the ads for hit men in they run in their classified section). This most closely resembles the Soldier of Fortune type cases. Generally the plaintiffs lose (in the U.S. at least) either on First Amendment grounds, or for lack of causation -- that is, providing a forum for advocacy or exchange of criminal speech is not a proximate cause of resulting criminal activity.
Time will tell ... thoughts? predictions?
If MySpace wants to tough it out, they probably win on summary judgment. But as you point out that creates bad PR. The better business strategy is to install safety features and/or settle. -- Dan L. Burk Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 ********************************** voice: 612-626-8726 fax: 612-625-2011 bits: burkx006@umn.edu