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Ebay Negative Feedback Lawsuit Dismissed
ccnull writes "Slashdot readers may recall the Ebay user who was suing Ebay over allegedly libellous feedback. That case has now been dismissed under the CDA, essentially giving Ebay 'common carrier' immunity, much like an ISP. Victory for free speech or perversion of justice? You decide."
Now, it would seem that ebay should be liable for anything for sale on it because they do screen items offered for auction, though perhaps the commerce aspect of things protects them in other ways.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Ebay created the system of social moderation and assignment of trustworthyness. People who abuse it should be dealt with in that system, but by no means is the system creator responsible. Just my $0.02
__________
Love conquers all... except CANCER
Common sense prevails? Since eBay did not make the libelous statements why should they be held responsible.
There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
this whole libel thing is scary. i cant think of one particular case where it could be used rightly. I find the court defaulting against libel rather comforting. Honestly, If call someone bitch repeatedly can he/she sue me for libel ? Where does one draw the line between good freedom of speech and libel speech ??
Siggy Say, Siggy Do
Grace said he would be liable if one of his papers carried defamatory information from a third party, and said Web site operators should be held to the same standard.
Will Grace's papers allow me to have something printed for free, and without checking it out first? I think not.
The ruling was the correct one, and the only thing "sophomoric and silly" about it is Grace filing it in the first place. If he can prove the remarks made by the other party were libel then sure he should be allowed to collect from that third party. But I think the only reason he went after eBay too was to a) make a name for himself (and I can think of several choice names that would fit), and b) because eBay has deep pockets whereas the dude he feels libeled him probably does not.
And to anyone who thinks that eBay should have been held responsible, I would ask this...should Slashdot now be held responsible for what I am saying in this post?
I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
Yes -- but that's because eBay designed their system that way, and they continue to maintain it in that fashion. They can't really claim solace in a policy that is entirely under their own discretion.
Personally, I think Grace sounds like a slimebag. But his argument does have merit: eBay is not simply a conduit for information, like an ISP. eBay actively publishes content onto the web, and Grace is arguing that eBay should be held responsible when that content violates the law.
Without reading the judge's decision, it's difficult to speculate as to his reasoning. [I'm not very familiar with the CDA.] I wonder whether his decision applies only to libel. If someone posted an auction including child pornography images, for example, and that auction made its way onto the search pages...could the government prosecute eBay, as a publisher of that illegal content?
It's also worth noting that the entire case has not been dismissed. Grace sued both eBay and the "memorabilia dealer" who allegedly posted the "libelous feedback." The judge dismissed Grace's claim against eBay (Grace vows to appeal), but presumably the claim against the dealer still stands.
crib
Please don't read my journal
If you think otherwise, then nobody would or could set up a website where people can post stuff, because the owners of such a website could be sued for the contents posted by other people. It would literally be impossible to run such a site without terrible legal risks. I can only imagine what kind of messed up legal system we would have if the laws were fscked up like that.
Actually, in some circumstances, there are really fscked up laws. For example, a guy broke into a school in the middle of the night. While in there ILLEGALLY, he fell down and broke his arm. He sued the school and won, and the school had to pay him damages for an activity that took place while he was illegally on the premises. In my opinion, if somebody is in the process of an illegal activity, the victim of the crime (in this case, the school that was broken into) receives automatic immunity from any liability to the criminal, including shooting them. That would cause criminals to think ten times before breaking into something, crime levels would be lower, prisons would be less populated, taxpayer money would be saved, and a whole host of other problems would be solved. Not to mention that the VICTIMS of an ILLEGAL CRIME would not have to pay damages to the CRIMINAL who performed the ILLEGAL act.
I don't think it should be eBay's responsibility to take down negative feedback if it hasn't been established to be libel, but once it is established to be libel by a court of law it should be eBay's responsibility to remove it.
Just like ISPs may be required to remove copyrighted content from the websites they host, eBay be subject to a court's authority regarding the removal of libelous statements. So the proper thing to do would be to first sue the poster and then require eBay to remove the libelous feedback.
"In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
He was making a supplemental income with Ebay, because clearly he sucks at his day job.
Black holes are where the Matrix raised SIGFPE
I would compare your argument to teachers being sued for giving bad recommendations, but this is more like the school being sued for a teacher giving a bad req. You're right on one point...a reputation does have a weight when doing transactions. Negative feedback affects you negatively, and positive feedback affects you positively. However, the only reason this system works is because people accept the fact that there will be negative feedback and positive feedback. Take away the chance of getting negative feedback, and the rating system loses all credentials.
--trb