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15 May 4:27 pm
by James Kachmar On May 7, 2009, the Ninth Circuit issued its opinion in the case, Barnes v. Yahoo!, Inc. (No. 05-36189),
in which it decided the issue of whether the Communications Decency Act of 1996 ("CDA") protected ... c)(1) creates a baseline rule. No liability for publishing or speaking the content
of other information service providers. Insofar as Yahoo made a promise with the constructive intent that it may be enforceable, it has implicitly agreed to alteration in such
baseline." As a result ...
29 May 4:15 pm
... who promises, but then fails, to remove content provded by a third party. Barnes v. Yahoo!, Inc. __ F.3d___, 2009 WL
1232367 (9th Cir. ... and provided the address and phone number at her place of employment. Before long, Barnes was peppered with emails, phone
calls and personal visits, "all in expectation of sex." ... asked her to fax directly the previous statements she had mailed and told Barnes
that she would "personally walk the statements over to the division responsible for stopping unauthorized ...
13 May 9:04 pm
... Eric Goldman Barnes v. Yahoo!, Inc., 2009 WL 1232367 (9th Cir. May 7, 2009). My 2005 blog post on the lower court
ruling. ... allegation of promissory estoppel. The court says that the complaint properly alleged promissory estoppel when Yahoo's PR flack promised to intervene as a way of
suppressing a forthcoming story. Although ... not address the issue, the panel on its own initiative (with a single cite to the 2003 Doe v. GTE case from the 7th Circuit)
characterized 47 USC 230 as an affirmative defense ...
22 Jun 12:57 pm
... Eric Goldman Barnes v. Yahoo, Inc., 05-36189 (9th Cir. Amended Opinion June 22, 2009) The Ninth Circuit has issued an
amended opinion ... although I think the better result is that 230 can support a 12b6 motion as the Gibson v. Craigslist case just held. Second, the panel added a new footnote to
its recap ... sloppy language. Both of the changes in this amended opinion were directly responsive to the requests Yahoo and its amici made. I suspect both groups are pleased
with these changes. I certainly ...
19 May 6:14 pm
... Ninth Circuit recently decided Barnes v. Yahoo!, a case with some very interesting holdings relating to the Communications
Decency Act § 230 as well as promissory estoppel. I wrote ... ISPs and other sites from having an explicit policy for removing tortious material. Yahoo could be penalized with
potential liability and a loss of its immunity by having a removal policy ... protect people, then you might be liable. This reminds me of Stratton Oakmont, Inc. v.
Prodigy Services Co., 23 Media L. Rep. 1794 (N ...
26 May 3:16 pm
By Eric Goldman I've already blogged a couple times on the Ninth Circuit's Barnes v. Yahoo ruling (commentary post; post on
rehearing request). In response, I got an email from Maria Crimi ... is not an affirmative defense." See Flav-O-Rich v. Rawson Food Service, Inc. (In re Rawson Food
Service, Inc.), 846 F.2d 1343, 1349 (11th Cir. ... points out a defect in the plaintiff's prima facie case is not an affirmative defense); Zivkovic v. Southern California
Edison Co., 302 F.3d 1080, 1088 (9th Cir. 2002). ...
31 Jul 11:59 am
... By Eric Goldman Goddard v. Google, Inc., 5:08-cv-02738-JF (N.D. Cal. July 30, 2009) I previously blogged on this case in December 2008 ... Barnes Attack The plaintiffs also attack 230 using the promissory estoppel discussion from Barnes v.
Yahoo. The basic argument is a familiar one in 230 jurisprudence. The plaintiffs allege that Google's ... Dismissal on 12(b)(6) Motion A major gripe about the initial Ninth
Circuit Barnes opinion was its loosely worded and poorly researched conclusion that 47 USC 230 ...
25 Oct 12:30 pm
... the RAA creates obligations enforceable by third parties. (See, e.g., Register.com v. Verio, 356 F.3d 393 (2d Cir. 2004).) Also, this isn't ... the beneficial registrant
'complicated' Balsam's ability to collect against Angeles Technology Inc. Regardless of how the third party beneficiary status discussion plays out, to me this casts a ... liable
based on third party content. Although Balsam could argue that under Barnes v. Yahoo Tucows could be viewed as having a
contractual obligation which it didn't ...
1 Jul 12:17 pm
By Eric Goldman Doe II v. MySpace, Inc., 2009 WL 1862779 (Cal. App. Ct. June 30, 2009) Capping off a busy month for 47 USC 230 ... helped users create profiles and
structured the search of these profiles. Doe IX v. MySpace had already expressly addressed and rejected this argument. The court doesn't ... v. Lazzareschi, Atlantic
Records v. Project Playlist, Barnes v. Yahoo (note: although the case was a partial loss for the defendant, the
Roommates.com discussion came in the defense-favorable part), Doe ...
1 Jun 12:11 pm
By Eric Goldman Doe IX v. MySpace, Inc., 2009 WL 1457170 (E.D. Tex. May 22, 2009). The Justia page. This is yet another lawsuit involving an ... , Joyner v.
Lazzareschi, Atlantic Records v. Project Playlist, Barnes v. Yahoo (note: although the case was a partial loss for the
defendant, the Roommates.com discussion came in the defense-favorable part) and this opinion Roommates.com Cited for Plaintiff: NPS v. StubHub Irrespective of the exact count, I
fully agree with Tom's conclusion: "it's fair to ...
30 Jun 11:28 am
/**/ By Eric Goldman F.T.C. v. Accusearch Inc., 2009 WL 1846344 (10th Cir. June 29, 2009). My blog post on the district court opinion. ... a May opinion but I blogged it
in June), Gibson v. Craigslist, the Barnes v. Yahoo amendment, and Zango v. Kaspersky--all defense-favorable
outcomes. As I mentioned in ... . The Tenth Circuit has largely adopted the rule and reasoning of Roommates.com in FTC v. Accusearch, effectively making Roommates.com the
governing law west of the Rockies. The FTC's Enforcement ...
7 Aug 3:58 am
... , who should be called the "Internet Judge" of the Northern District of California, closed the loop on the Goddard v. Google class action by ruling that Google's Keyword Tool
constitutes a "neutral tool" ... mobile subscription services to include certain information in their ads. Unlike a similar claim in Barnes
v. Yahoo, 2009 WL 1740755 (9th Cir. 2009), there was no allegation here ... .com. Notes: Fn1 47 U.S.C. § 230. Fn2 Goddard v. Google, Inc., U.S.D.C., Northern
District of California, Case No. 5: ...
13 Mar, 2008 10:40 am
By Eric Goldman Mazur v. eBay Inc., 2008 WL 618988 (N.D. Cal. March 4, 2008) I declared Monday "47 USC 230 Day" here at the Technology & ... age) because the marketing
claims "were merely a regurgitation of its users' representations" whereas here, apparently eBay made no regurgitations * the infoUSA case (where infoUSA said that it verified data in
its database) and the Barnes case (where Yahoo failed to take down bogus user profiles) because each involved the accuracy of data,
while this case ...
7 May 10:14 pm
Barnes v. Yahoo!, Inc., No. 05-36189, 9th Cir. May 7, 2009 Yesterday's decision from the Ninth Circuit in Barnes v. Yahoo is kind ... 'm thinking that the halcyon days of robust Section 230 immunity may be on the wane. Barnes alleged that her ex-boyfriend did some pretty rotten things using ... content is one of the quintessential functions of a publisher, it would
contravene Section 230 to hold Yahoo liable for that. The more intriguing part of the case comes from the court's reversal on the question ...
24 Jun 12:49 pm
... Ninth Circuit threatened to overturn this practice. In a May 7, 2009 opinion in Barnes v. Yahoo!, Inc., __ F.3d___,
2009 WL 1232367 (9th Cir. ... under Rule 12(b)(6)." The proper procedure, according to the opinion, was for the defendant Yahoo to have filed answer asserting its CDA defense,
and then to have filed ... limitations. I have participated in successfully bringing several such motions. Unfortunately, the initial Barnes
ruling immediately began to have an impact on pending cases. On May 15, 2009 ...
29 May 3:00 am
... de Beer) EWHC decides in favour of eBay, pending referral to ECJ: L'Oreal v eBay (IPKat) (Excess Copyright) (Class 46) (TorrentFreak) (IP Osgoode) (S&F ... in case
relating to immunity under Communications Decency Act: Barnes v Yahoo (Technology & Marketing Law Blog) (The IP Law Blog)
(Technology & Marketing Law Blog ... information may violate Facebook's proprietary rights, trial to go ahead: Facebook v Power.com (At Last... the 1709 Copyright Blog) RIAA
- Prof Nesson involved in two more ...
18 Jan, 2007 12:35 pm
... this front; last year, MySpace was sued in Texas state court for the same issue in Doe v. MySpace. These lawsuits are obvious losers for two independent reasons. First,
there's a ... . For other examples of websites avoiding liability for offline conduct, see, e.g., Doe v. America Online, 783 So. 2d 1010 (Fla. 2001) (AOL not liable to ... )
(information republisher not liable for offline harassing behavior made using published data); Barnes v. Yahoo, Inc., 2005
WL 3005602 (D. Or. Nov. 7, 2005) (Yahoo ...
13 May 7:09 pm
The title of this post is taken directly from the Barnes v. Yahoo!, Inc., opinion (click here to read the opionion).
According to the 9th Circuit Court of Appeals, "[t]his [case] stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge." The story goes
that the Plaintiff broke [...]
7 May 1:33 pm
... unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a ruling issued today in the case known as Barnes
v. Yahoo!, Inc. According to today's decision, the plaintiff's lawsuit (access the plaintiff's complaint initiating suit at this link) alleged that her former
boyfriend created a Yahoo! account through which the plaintiff herself appeared to be soliciting men with whom to have sexual relations and that the Yahoo! account "also
...
1 Jun 12:27 pm
... a publisher or speaker. See Chicago Lawyers' Comm. For Civil Rights under the Law v. Craigslist, Inc., 519 F.3d 666, 670-71 (7th Cir. 2008). If the ... .com. (Fn2)
While the Ninth Circuit probably has not abandoned this approach, in Barnes v. Yahoo, the Ninth Circuit has now also adopted the
Seventh Circuit's "definitional" method ... (e)(2) specifically excluded laws relating to intellectual property from the application of §230. Fn2 Batzel v. Smith, 333 F.3d 1018,
1031-35 (9th Cir. 2003); Fair Housing ...
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