Re: [Air-l] MySpace sued again ...
Dr Marjorie Kibby, Senior Lecturer in Communication & Culture Faculty of Education and Arts The University of Newcastle, Callaghan NSW 2308 Australia Marj.Kibby@newcastle.edu.au +61 2 49216604
Hugemusic <hmusic@ozemail.com.au> 01/19/07 1:28 PM >>> In the MySpace cases, a crime was committed by someone against a minor. We're not talking about "metal-inspired" teen suicide ...
Metal was used as an 'excuse' in more than one murder trial. OSPs including MySpace have a 'safe harbor' against copyright breaches provided they act against the infringing party once they know about the infringement. It seems strange that they would be seen as obligated to protect members from other members who might lie, beyond publishing warnings and providing blocking facilities, and acting against members once they know they have transgressed. Speaking of moral panics, I think this is just another example of the public's enthusiasm for "the internet as deliverer of evil" stories. Marj
On Jan 18 2007, Marj Kibby wrote:
Metal was used as an 'excuse' in more than one murder trial.
OSPs including MySpace have a 'safe harbor' against copyright breaches provided they act against the infringing party once they know about the infringement.
Yes, but this claim has absolutely nothing to do with copyright. ISPs have an even broader protection (in the U.S.) under the CDA section 230 "safe harbor" against libel. This has been extended by several courts to include tort claims arising from fraud, intentional infliction of emotional distress, and so on. It might apply here, but I think that is a stretch. -- 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
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Marj Kibby