by Mike Masnick
Mon, Sep 15th 2008 9:00pm
We've seen a few different lawsuits involving ticket reselling website Stubhub (owned by eBay). Last year, you may remember, a court forced Stubhub to hand over the identity of sellers of New England Patriots' tickets, despite the fact that Stubhub's terms of service protect users' privacy. One of the big questions brought up by various lawsuits is whether or not Stubhub is guilty of violating various anti-scalping laws. It seems like it would be clear that Stubhub, as the platform provider, is not liable and is protected by Section 230 of the CDA. And, in fact, that's what a court has just found, dismissing a complaint against Stubhub. However, as Eric Goldman notes at that link, this seems to contradict with at least one other ruling against Stubhub -- meaning that this is hardly settled law, and we should expect to see a bunch more lawsuits along these lines pop up before this gets worked out.
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