Internet & Computer Law Archives - Page 22 of 34

Ripoff Report Wins Defamation Lawsuit Arising from Online Criticism

Arizona based Xcentric Ventures, LLC, owner of the www.ripoffreport.com won a lawsuit filed by In Intellect Art Multimedia, Inc., against Matthew Milewski and Xcentric Ventures, LLC. The plaintiff sued for defamation after Milewski filed a report on Xcentric’s website critical of the school.

On or about July 19, 2008, a report was posted on ripoffreport.com regarding SFA. In that positing, the author, “Lilly”, accused plaintiff of being a “bait & switch company,” making “false promises,” and being run “by two incompetent (sic) people.”

The court holds that the cause of action for defamation against Milewski must be dismissed because the challenged speech is merely an alleged statement of Milewski’s personal opinion about the quality of services provided by plaintiff.

. . . when viewed in its full context, reveals that Milewski is a disgruntled consumer and that his statements reflect his personal opinion based upon his personal dealing with plaintiff. They are subjective expressions of consumer dissatisfaction with plaintiff and the statements are not actionable because they are Milewski’s personal opinion. Since the statements are protected opinion, the first cause of action is dismissed. . . .

Xcentric is protected by the Communications Decency Act, which provides that “
[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 USCA § 230 (c) (1). Accordingly, the third cause of action is hereby severed and dismissed.

9th Circuit’s Holding that Internet Obscenity Laws Should Be Governed by a National Standard Rests on Shaky Grounds

Digital Media Lawyer: “Digital media law: The 9th Circuit has done it again. In its ruling last week in U.S. v. Kilbride, the 9th Circuit announced that “a national community standard must be applied in regulating obscene speech on the Internet, including obscenity disseminated by email.” (Case Nos. 07-10528, 07-10534, October 28, 2009). The 9th Circuit stated that its holding followed the view expressed by a majority of U.S. Supreme Court Justices in Ashcroft v ACLU, 535 U.S. 564 (2002) that application of a national community standard in Internet obscenity cases would not ‘generate serious constitutional concerns.’

Do I Need a Privacy Policy?: When Websites Are Required to Post Privacy Policies

Digital Media Lawyer Blog: “I recently attended a panel discussion on digital media law, and was surprised when the panel members were unable to cite to statutes or other authority requiring the posting of privacy policies for websites. In fact, a number of international, federal and state regulations require the creation and posting of privacy policies. Here is a list of some of the more important rules.”

New FTC Ad Rule Creates “Target Rich Environment”

NutriSupLaw: “David Vladeck, Director of the Federal Trade Commission Bureau of Consumer Protection said that the FTC’s new Guides Concerning the Use of Endorsements and Testimonials in Advertising creates a “target rich enviornment” in which they intend to pursue violators using all the resources at their disposal. And when the 1000+ enforcement personnel at the FTC run out, FTC plans to call on the state attorneys’ general. When the AG’s are too busy, Vladeck says that they will do as the FDA does and publish warning letters on the internet in order to ‘bully companies into compliance.'”

Despite the backpeddling FTC has done in the media recently, Vladeck made it clear that he will enforce Section 5 of the Federal Trade Commission Act and the endorsement guides. It was as if Vladeck was drawing imaginary targets on foreheads around the room…

Blog Sued for $22 Million

Above the Law: “For the first time in over three years of operation, Above the Law has been sued. We feel the lawsuit has no merit, but we will not comment further on this ongoing litigation.” See the complaint. Law professor Eugene Volokh takes a dim view of the plaintiff’s case in “Prof. Donald Jones’ Lawsuit Against Above The Law.”

November 4, 2009, update: “Law Prof Dismisses Privacy Suit Against Tabloid Above the Law Blog.”