Lawsuit’s a loser

MySpace Lawsuits Called Losers:

It seems I’m not the only one who thinks the latest lawsuit against MySpace is without merit. So does law professor Eric Goldman.

First, Goldman says, it’s a stretch under the legal definition of causation to assert that MySpace contributed to a crime that didn’t occur on its premises.

Second, he said, the law “routinely insulate[s] Web sites for liability for torts committed outside their network.” Thus, he points out, AOL was not held liable for child porn generated elsewhere and distributed through its network.

Why bother with the lawsuit then? Goldman speculates, “Given the obviously futile nature of this lawsuit, this lawsuit may be more about publicity than about seeking justice.”

As Goldman points out, the risk of high-profile lawsuits like this is that they may encourage ill-conceived, knee-jerk legislation. The problem is even the most extreme restrictions seem reasonable if the purpose is “protecting kids.” How many politicians, for example, would have the courage to oppose something like “The Boil Pedophiles Alive Act of 2007”? Not many, I suspect.

Let’s hope this lawsuit never goes any further.