Wednesday, May 16, 2007

Section 230 and defamation

Eric Goldman has extensive thoughts on the 9th Circuit's divided opinions on section 230 immunity (and the way to lose it) in the case. The one point I haven't seen made yet is that Judge Kozinski's "hypothetical" seems to hew very closely to aspects of the recent AutoAdmit nastiness. Kozinski's inducement theory leaves open the possibility that AutoAdmit might not be fully protected, in the 9th Circuit at least, contrary to what most of the discussions I've seen have assumed.

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