Anyone that has personal ad online and/or been paying attention to the legal disputes regarding 2257 will find this ruling to be a glimmer of hope.

Forwarded Message:
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AdultFriendFinder Not Responsible for Third-Party Content, Judge Rules
AVN Online.com

By: MJ McMahon

SHREVEPORT, La -

A lawsuit filed against Various, the parent company of AdultFriendFinder, in
federal court was dismissed Tuesday, strengthening the argument that
websites are not responsible for content posted by third parties.

The suit was filed by Shelly Landry-Belle, who claimed that an ex-boyfriend
had posted false, defamatory and obscene information about her on
AdultFriendFinder and other personals sites operated by Various. Posts
contained clothed pictures of Landry-Belle, but suggested she would engage
in, as Judge Mark Hornsby wrote in his dismissal, "lewd and obscene acts of
perversion." Other posts suggested she was bisexual.

Various' attorney Ira Rothken defended the company, filing a motion to
dismiss based on Communications Decency Act (CDA) immunity given to Internet
service providers. The CDA states that "no provider or user of an
interactive computer service shall be treated as the publisher or speaker of
any information provided by another information content provider."

"I think this is going to provide an important precedent for online adult
sites to give them comfort that they have immunity when third parties post
something defamatory," Rothken says.

"AdultFriendFinder has millions of people posting millions of things every
single day. We can't be the arbiter of who's right and who's wrong. There
could be a complaint that comes in. and they could be lying. We can't do a
micro-investigation every time."

Landry-Belle has 10 days from dismissal to appeal the case, but Rothken
doesn't believe an appeal will be heard.

"It's not likely the court will change its mind when it accepted as true all
of the allegations the plaintiff made and still found against them," he
says. "I think this gives great precedent to any adult site that allows
anyone to upload pictures and content, to be able to rely on this [case]
should they get sued."

Landry-Belle is also attempting to sue the ex-boyfriend, Zach Wilhelm, but
she has not been able to locate him.

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