The court stated that, by categorizing, channeling, and limiting the distribution of users' profiles, the site was at least partly responsible for creating or developing information on the site. - Yahoo
Some new precedents on the Communications Decency Act, set in Fair Housing Council vs Roommate.com may well put Linden Lab on the defensive, and have far reaching implications for any virtual world intending to permit any user-generated content. Up until now, cases involving UGC and the CDA have expanded and defined protections and immunities granted to service providers/operators. This one is different.
The touchstone of section 230(c) is that providers of interactive computer services are immune from liability for content created by third parties. The immunity applies to a defendant who is the "provider . . . of an interactive computer service" and is being sued "as the publisher or speaker of any information provided by" someone else. 47 U.S.C. § 230(c). "[R]eviewing courts have treated § 230(c) immunity as quite robust." Carafano v. Metrosplash.com, Inc., 339 F.3d 1119, 1123 (9th Cir. 2003). - Fair Housing Council v. Roommate.com
That is, until that user-generated content is directed or controlled. At which point you lose your protections under the Communications Decency Act as an interactive computer service provider. You're then liable for anything and everything you miss.
"If you guide the content too much, or select which of the content will be allowed, you could lose immunity for that portion of the content and be held liable as a publisher," Bennett said. "The problem arises when nonpublishing Web sites want to put up blogs and forums. Typically, they want to guide the content to some extent, so that it reflects an appropriate image for the site and company." - Michael Bennett, partner in Wildman Harrold.
What does that all mean for Linden Lab? Where does their rights to run the Second Life service in a manner of their choosing abrogate their immunity under the CDA? Much sooner than they would like, it seems. Has Linden Lab crossed that line already?
1. "Has Linden Lab crossed that line already?"
Not yet, but when they require content providers to self-rate their content as 'adult' so they can enable their new identify verification partner, they will. We haven't even seen the chilling effect their partner will have on clamping down on gaming in world yet.
Posted at 8:48PM on May 25th 2007 by Sage V.