Thursday, April 03, 2008

A Chink in the CDA Armor?

A New Hampshire federal court has ruled that a state-law right of publicity claim against a Web service, arising from material posted by a third-party user, is not subject to dismissal under Section 230 of the Communications Decency Act. The court rejected the Ninth Circuit's reasoning in Perfect 10 Inc. v. CC Bill to hold that the plaintiff's right of publicity under state law is an intellectual property right excluded from CDA immunity. Case name is Doe v. Friendfinder Network Inc. You can view the opinion here:


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