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.
