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Pastimes : Investment Chat Board Lawsuits

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To: sense who wrote (12282)12/4/2019 2:56:01 PM
From: SI Dave  Read Replies (1) of 12465
 
So... the CDA 230 protections... were used to shield Backpage... and in fact for some time they were used to successfully shield Backpages.com... even though they weren't in fact acting as that "transparent conduit" that the law intends and requires in order to extend the benefit of its protections ? And there's that Casa Blanca moment... when you are shocked, shocked... to learn that the Backpage.com guys were LYING ? Gasp. Yeah... that whole assumption of good faith thing... doesn't really work ?
That's assuming facts not in evidence then or now. The charges or theories alleging liability of the numerous failed lawsuits against Backpage were barred by the CDA for a simple reason; their role in those matters was immunized. The charges that brought down Backpage were for engaging in an entirely different role, e.g., being the originator or developer of the actionable content. There was actual evidence of that role, versus mere conclusory allegations. Apples and oranges. So, what changed was their conduct, not the courts' interpretation of the CDA.
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