Sneaky Way To Get Past Section 230 Safe Harbors To Force Content Offline

from the this-should-be-watched dept

We all know the importance of Section 230 safe harbors that protect a service provider from actions done by its users. While there have been a few cases that chipped away at those protections, on the whole, they're quite solid. However, Eric Goldman brings us the story of how some lawyers seem to be dealing with this. They've stopped suing the sites directly, but they then file a lawsuit against the party who actually created the content they want taken down -- but if that person does not show up in court, then the suing party can get a default judgment, and then use that default judgment to get the content taken offline -- since the default judgment can be used to enforce injunctions against third parties. From the perspective of the suing party, then, they have every incentive in the world to try to get a default judgment, rather than even fighting with the real person in court. Then, with the default judgment, they can force a site to take down the content. As Goldman notes:

For the price of a complaint and a defendant's default (which can be engineered by targeting a phantom author), plaintiffs obtain an effective cudgel to excise unwanted content throughout the web.

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Bodog Loses Another Round Of Patent Poker

from the try,-try-again? dept

You may remember last year that the popular online poker site Bodog.com was forced to change its name after losing a patent battle in Nevada, where the judge seized Bodog's domain name. The whole thing was pretty questionable. First of all, the patent itself is incredibly broad and could be used against any number of online sites. Secondly, why would a judge order that a company's domain name be taken in a patent dispute? The domain itself has nothing to do with the infringement. Of course, the ruling itself was mostly based on it being a default judgment: no one from Bodog showed up, pointing out that the site was not based in the US at all.

However, after losing, the folks at Bodog did file an appeal, arguing that it wasn't properly served and that it, as a Costa Rican company, is outside the jurisdiction of a Nevada court. The appeals court apparently disagrees and has affirmed the lower court's decision without issuing any opinion. The ruling still makes very little sense, but that's what happens when you don't show up in court when sued, unfortunately.

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UK Law Firm Exaggerates Its $30,000 Win Over Pinball Game Sharer

from the default-judgment dept

We wrote about the woman who was fined $30,000 for file sharing a pinball video game earlier this week, noting that the press seemed to be taking the word of the law firm that sued her, Davenport Lyons, as if it were fact. That seemed problematic -- and we should have realized that it was even more problematic than initially noted. TorrentFreak has turned up the fact that this was a default judgment against the woman, meaning that she didn't even show up in court to defend herself. Effectively, the court more or less had to decide this way. Davenport Lyons, of course, implied that she had fought the case and lost -- and thus, everyone else would be better off just paying based on the pre-settlement letters that the firm seems to send out in bulk. But that's not necessarily true. There's no indication how a court would rule if an actual defense were put forth.

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