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."

Comments

Of course ebay is not liable.

[drinkypoo]

This is because they don't screen the comments. I think we all remember how AOL and Prodigy were found to be liable for what was in their forums because they moderated them. But ebay feedback is like graffiti, no one controls it and it just sort of sits there. His beef is with the poster, not with ebay.

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.

Makes total sense

[icemax]

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

But should they be?

[cribcage]

This is because they don't screen the comments. ...ebay feedback is like graffiti, no one controls it and it just sort of sits there.

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