Comments on: Zeran v. America Online, Inc.

By: Section 230 ICP Allegations: Plausible or Possible? « Online Liability Blog

Section 230 ICP Allegations: Plausible or Possible? « Online Liability Blog — Wed, 13 Apr 2011 21:43:12 +0000

[...] getting to the meat of the case, the panel reminded everyone that, per its previous ruling in Zeran, “our Circuit clearly views the § 230 provision as an immunity.” Thus when applicable, [...]

By: Section 230 does not shield website from state IP claims « Online Liability Blog™

Thu, 03 Apr 2008 15:58:36 +0000

[...] his analysis by affirming the principle, adopted by most Federal Circuits, that, stemming from Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), sections [47 U.S.C.] 230(c)(1), (f)(3), and (e)(3) of the CDA bar [...]

By: Court: Section 230 is an affirmative defense, thus it’s (generally) not an appropriate basis for a Motion to Dismiss « Online Liability Blog™

Tue, 26 Feb 2008 20:14:11 +0000

[...] Regardless, after considering caselaw on the procedural point of whether the Court may properly consider CafePress’s TOS agreement on this issue, the Court declined to so consider it. Instead the Court directed that “CDA immunity is a question awaiting discovery and exploration, though plaintiff faces an uphill battle given the broad grant of immunity conferred by § 230, as interpreted in the seminal case of” Zeran. [...]

By: Seventh Circuit considers whether Section 230 protects Craigslist from Fair Housing Act claims « Online Liability Blog™

Sat, 16 Feb 2008 03:40:16 +0000

[...] expressed approval for the federal courts’ interpretation of Section 230 to date, citing the Zeran decision in [...]

By: Website (search engine?) not entitled to Section 230 protection for FTC Act violation « Online Liability Blog™

Sun, 28 Oct 2007 04:35:25 +0000

[...] in this context). Seeking evidence of congressional intent for guidance, the court looked to Zeran, which pointed to the threat of tort-based lawsuits, and desire to encourage self-regulation of [...]