Addicted Gamer Sues Game-Maker, Says He is ‘Unable to Function’

Wired:  “A federal judge is allowing a negligence lawsuit to proceed against the publisher of the online virtual-world game Lineage II, amid allegations that a Hawaii man became so addicted he is ‘unable to function independently in usual daily activities such as getting up, getting dressed, bathing or communicating with family and friends.’  Craig Smallwood, the plaintiff, claims NCsoft of South Korea should pay unspecified monetary damages because of the addictive nature of the game. Smallwood claims to have played Lineage II for 20,000 hours between 2004 and 2009.”

For a law professor’s view of this case, see “Blog Commenter Sues Volokh Conspiracy for Making Him “Psychologically Dependent and Addicted” to Commenting.”

Online Bullies Pull Schools Into the Fray

New York Times:  “The girl’s parents, wild with outrage and fear, showed the principal the text messages: a dozen shocking, sexually explicit threats, sent to their daughter the previous Saturday night from the cellphone of a 12-year-old boy. . . . Punish him, insisted the parents.  ‘I said, ‘This occurred out of school, on a weekend,’ ‘ recalled the principal, Tony Orsini. ‘We can’t discipline him.’  Schools these days are confronted with complex questions on whether and how to deal with cyberbullying,”

Democrats Push for New Internet Sales Taxes

Cnet News: “The halcyon days of tax-free Internet shopping will, if Rep. Bill Delahunt gets his way, soon be coming to an abrupt end.  Delahunt, a Massachusetts Democrat, introduced a bill on Thursday that would rewrite the ground rules for Internet and mail order sales by eliminating the option for many Americans to shop over the Internet without paying state sales taxes.”

Apparently Mr. Delahunt won’t let a little thing like the U.S. Constitution and U.S. Supreme Court case law stand in the way of taxing everything that moves.  U.S. law prohibits a jurisdiction from taxing a company that does not have a presence, aka, nexus, with the taxing jurisdiction.  It’s not even a maybe.  It is as clear as any law can be.

An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act

David S. Ardia has written an excellent and comprehensive law review article about the all-important Section 230 of the Communications Decency Act.  The article is entitled “Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act.”  It is a must read for all lawyers who deal with this statute.  Here’s the abstract:

In the thirteen years since its enactment, section 230 of the Communications Decency Act has become one of the most important statutes impacting online speech, as well as one of the most intensely criticized. In deceptively simple language, its provisions sweep away the common law’s distinction between publisher and distributor liability, granting operators of Web sites and other interactive computer services broad protection from claims based on the speech of third parties. Section 230 is of critical importance because virtually all speech that occurs on the Internet is facilitated by private intermediaries that have a fragile commitment to the speech they facilitate.

This Article presents the first empirical study of the section 230 case law. It begins by providing a doctrinal overview of common law liability for intermediaries, both online and offline, and describes how section 230 modifies these doctrinal approaches. It then systematically analyzes the 184 decisions courts have issued since the statute’s enactment. The Article also examines how courts have applied section 230, finding that judges have been haphazard in their approach to its application.

The Article closes by discussing the study’s findings and by offering some insights into how plaintiffs and defendants have fared under section 230. While section 230 has largely protected intermediaries from liability for third-party speech, it has not been the free pass many of its proponents claim and its critics lament. More than a third of the claims at issue in the cases survived a section 230 defense. Even in cases where the court dismissed the claims, intermediaries bore liability in the form of litigation costs, and it took courts, on average, nearly a year to issue decisions addressing an intermediary’s defense under section 230.

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