Important Court Decisions Chip Away At ISP Liability Shield

An anonymous reader writes "News.com is reporting on a pair of court cases that could prove very important to ISPs in coming years. They both subtly chip away at the legal shield service providers have enjoyed against liability for hosted content. Further court cases could result in a 'chilling effect' on social networks and hosting services, as small businesses steer clear of potentially contentious content. '[The judge's ruling] differed from previous opinions in one important area. He refused to dismiss Jane Doe's argument that FriendFinder's republication of her profile invaded her 'intellectual property rights' under New Hampshire law. She claimed to be concerned about violations to her 'right of publicity,' which says an individual generally has the right to control how his name, image, and likeness is used commercially--and the court ruled that Doe's argument fell into the category of intellectual property law.'"

Comments

What about the fact they are scanning the stream?

[LiquidCoooled]

How can they hide behind a shield of common carrier with one hand and then start scanning content with the other?

Its not just liability for hosted content, but downloaded content as well.
If they want to stop us downloading illicit music, they should prevent us from downloading ALL illegal material as well or else face the wrath of the parents.

Yes and no

[esocid]

On one hand I agree that public information can be used, since it is in the public domain, but in a case where some company uses your name and likeness without your knowledge or permission is a real shitty move. However this doesn't look like the case. The profiles were made by other users, and were fake. All she had to do was contact those companies and report it, not take them to court. I have to side with those websites here because this sets a bad precedent that will bog the courts down even more with lawsuits.