[Air-l] MySpace sued again ...

burkx006 at umn.edu burkx006 at umn.edu
Thu Jan 18 19:33:33 PST 2007


On Jan 18 2007, Marj Kibby wrote:

>
>Metal was used as an 'excuse' in more than one murder trial. 
>
>OSPs including MySpace have a 'safe harbor' against copyright breaches
>provided they act against the infringing party once they know about the
>infringement.  

Yes, but this claim has absolutely nothing to do with copyright.

ISPs have an even broader protection (in the U.S.) under the CDA section 
230 "safe harbor" against libel. This has been extended by several courts 
to include tort claims arising from fraud, intentional infliction of 
emotional distress, and so on. It might apply here, but I think that is a 
stretch.


-- 
Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN  55455
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