Thursday, November 11, 2010
Zynga and 230
Eric Goldman says everything I would have about Swift v. Zynga Game Network, Inc., No. C09-05443 (N.D. Cal. Nov. 3, 2010), so I won't, other than to say that it's really disappointing to see a court talking about a service provider's control of "design, layout, and format" as having any relevance to a 230 defense. Unless the design, layout, and format make the content illegal (which I can only imagine if they omitted/obscured important information required by law to be disclosed that the underlying content provider had attempted to provide), they are simply irrelevant to responsibility for the unlawful content.