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Pastimes : Investment Chat Board Lawsuits

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To: sense who wrote (12269)	12/3/2019 12:27:33 PM
From: SI Dave	Read Replies (1) of 12465

They are not mutually exclusive. A defendant in a lawsuit will typically raise every meritorious defense, even if they come from opposite directions as their other defenses. The issue here is that people (including attorneys) that are unfamiliar with the law and the mountain of precedent try to oversimplify the use and meaning of the term "publisher" and the applicability of "publisher liability," without regard to the plain text of 47 U.S.C. 230 which is unequivocal in its grant of immunity for online publishers from liability which may arise from third-party content. Unless the publisher actively participates in the development of the content, they are immune. And, not just from liability, because the law also states that "no cause of action shall be brought" meaning that lawsuits trying to claim liability are barred. That's why the overwhelming majority of these ill-advised lawsuits are dismissed via summary judgment; they are barred on their face. They tie up ridiculous amount of the court's time in frivolous actions that were doomed to fail from the outset, and cost defendants (and ill-advised plaintiffs) vast sums of money in legal fees, despite the intent of Congress to prevent it.

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