by Mike Masnick
Thu, Apr 16th 2009 2:15pm
We've seen all sorts of arguments by folks who felt defamed to get around Section 230 safe harbors that say a service provider isn't liable for the content created by a user -- but this is a first: a woman is suing Google, claiming that the safe harbors don't apply, because the allegedly defamatory content comes from a blogger who is now deceased, and thus she cannot go after him to get him to remove the content. Thus, she claims, her only choice is to sue Google. As Eric Goldman points out in the link above, it's not clear this is true at all. The guy's assets clearly passed on to someone -- so someone must own the rights to the blogpost, whether they know it or not. It's difficult to see how a court would find Google liable, no matter what. However, as Goldman also notes, it would seem that there would be many more effective ways to have this content disappear if it was really an issue.
If you liked this post, you may also be interested in...
- Techdirt's First Amendment Fight For Its Life
- Donald Trump Learns Why It's Important Not To 'Open Up' Libel Laws, As Suit Against Him Is Tossed
- Google Apparently No Longer Humoring Court Orders To Delist Defamatory Content
- Confirmed Horrible Person James Woods Continues Being Horrible In 'Winning' Awful Lawsuit To Unmask Deceased Online Critic
- First Amendment Victorious: Protects Anonymous Critics On PubPeer