Judge Recognizes The Obvious: Printer Shouldn't Be Liable For A Book It Prints
from the putting-liability-where-it-belongs dept
The family of the convicted girl believe they've been wronged, and began a publicity campaign in their own favor. Part of this campaign involved a self-published book telling their side of the story. They tried to find a publisher for it, but publishers (wisely, from the sound of it) wanted no part of it. So, instead, they used a print-on-demand publisher. The other family, of course, sued everyone involved for defamation, including the print-on-demand company, BookSurge.
Without even using section 230 of the CDA, BookSurge has been let off the hook in the case, as the judge noted that it made no sense to include them in the case:
Because BookSurge does not undertake to edit, review or fact-check any of its publications, it has no means or way of knowing whether defamatory material is contained within the works that it publishes. BookSurge maintained no editorial control over the works published. The responsibilities of BookSurge, which are known to the authors of the works, indicate that it is not an active participant in the creation of any defamation.This fits with what we've always said about section 230 of the CDA. Even if it didn't exist, it makes legal sense simply not to allow lawsuits against a mere middleman for the actions of an end user. It's nice to see the court recognize that here.