Another Good Section 230 Ruling: Forum Owner Not Liable For Posts

from the good-to-see dept

It's good to see judges getting things right -- and more often than not, they're being both quick and smart when it comes to misguided lawsuits from plaintiffs against sites that host content, but don't publish it. The latest involves the owners of a bodybuilding forum website, bodybuilding.com, who were sued by a nutritional supplement maker, claiming that competitors had posted negative reviews on the site. But the judge tossed out the lawsuit against the forum operator using section 230. The supplement maker tried to argue that the forum owners had teamed up with the competitor in a conspiracy to say bad things about the supplement, but the judge didn't buy it. The only question was whether the website owners posted the content. They didn't. There's no case.

Filed Under: forums, liability, section 230


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  1. identicon
    AC's long lost brother, 26 Aug 2009 @ 7:41am

    Re: Re: Re: Dig a little

    Read the ruling. Cornelius (the plaintiff) alleged that there was a conspiracy, not that bodybuilding.com actually posted the comments. also, the case got dismissed on a number of grounds including lack of jusridiction. But the part you might want to read is that the judge ruled that the plaintiff did not present any FACTUAL evidence, only a theory. The ruling also stated that the judge had to cinsider the evidence in the best light of the PLAINTIFF and even then the judge through it out.

    So to put it in simple terms since you keep asking: the suing company didn't provide enough for the judge to say "yes, this is sufficient to go to trial". the burden of proof here was VERY low for the plaintiffs. all they had to show was that there was enough to go to trial, not enough to win.

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