By Eric Goldman
Jones v. Dirty World Entertainment Recordings, LLC, 2:09-cv-00219-WOB (E.D. Ky. Jan. 10, 2012). Prior blog post on this case.
A Kentucky federal judge rejected 47 USC 230 immunity for thedirty.com for third-party content. It’s entirely clear that if the jury finds the user posts defamatory or a privacy invasion, this judge will let thedirty be liable for third-party content. That’s exactly what 47 USC 230 was designed to prevent, making this a troubling and probably lawless ruling. Critics of 47 USC 230 will likely rejoice about this opinion because it represents the biggest incursion to 47 USC 230’s immunity we’ve seen to date. Yet, for that reason, I wonder if this ruling will survive an appeal, which thedirty has already promised.
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