Tag: dismissal

New Rounds Coming in Parents vs. MySpace.com:

It seems that the losers of the infamous $30M lawsuit against MySpace that was dismissed are more than losers. It seems that they are sore losers at that.

Let’s revisit the dismissal…

In dismissing the suit last month, a judge in Austin, Texas, cited a provision in the Communications Decency Act of 1996 (CDA), which holds that, as an “interactive computer service,” News Corp. and its property MySpace were not liable for the postings to the site.

Of course, since this is America and litigation we’re talking about that won’t stop money hungry lawyers and opportunistic families now will it?

“We don’t believe the Communications Decency Act applies to a case like this,” said Adam Loewy of law firm Barry & Loewy, which is representing the minor.

He argued that the CDA applies primarily to defamation cases, such as when an owner of a Web site is sued over defamatory material published on the site. He said Judge Sparks erred in his interpretation of the CDA and that it does not limit MySpace’s liability for torts, or wrongful acts of members on its site.

Loewy is undeterred, and also plans to re-file a parallel suit against MySpace in the United States Court of Appeals for the Ninth Circuit located in San Francisco. That suit, also previously dismissed by Judge Sparks, accuses MySpace of fraud against the minor. But Loewy feels a court near Silicon Valley, which he says has handled more Internet-related cases, will be more prepared to rule in his client’s favor.

It’s got nothing to do with Silicon Valley but everything to do with the Ninth Circuit being more sympathetic to these anti-personal responsibility lawsuits.

I guess if at first you don’t succeed, sue, sue, again.

Suit against Myspace dismissed by judge in Texas:

Hallelujah. For once common sense has prevailed. The $30M lawsuit filed against MySpace by the parents of children who were molested by MySpace users has been dismissed.

U.S. district judge Sam Sparks ruled that MySpace, owned by media giant News Corp., should not be held responsible for what happened. “If anyone had a duty to protect Julie Doe, it was her parents, not MySpace,” he wrote in his decision.

As my lovely and talented wife said, “Ding ding ding ding, we have a winner”. Of course, the lawyers for the families are going to appeal.

An attorney for the four families said they plan to appeal the ruling. “The judge’s ruling is flat wrong,” said Jason Itkin, the attorney representing the families. “As the Internet grows and companies like MySpace are aware of the dangers, they need to do things to protect their users, especially young children.”

Another quote from Mr. Itkin…

“This is allowing sites like MySpace to avoid the responsibility to make the Internet safe for children,” Jason Itkin said. “MySpace knows its Web site is a playground for sexual predators. Because of that, MySpace should be doing some very basic safety precautions.”

Sorry buddy but MySpace can’t make parents be responsible.

Personal responsibility wins a rare victory.

But the war just may be beginning…

On Wednesday, MySpace announced victory in a Texas lawsuit in which the social networking Web site was accused of failing to protect its underage members from sexual abuse. However, the company’s legal issues are just beginning, according to plaintiff’s lawyer Adam Loewy of Austin, Texas-based Barry & Loewy.

“We’re at the onset of this sort of litigation,” says Loewy. “We are prepared for a very long battle.”

The plaintiffs plan to appeal to the Fifth Circuit of the U.S. Court of Appeals. They also plan to refile some of their claims in Los Angeles Superior Court, adding to similar suits brought against MySpace and its parent company, News Corp.

More frivolous suits to clog up our already backed up courts.