Technology & Marketing Law Blog by Eric Goldman: “This case has received some modest attention throughout its history. . ., but the district court’s dismissal of the case appears to have been completely overlooked. Riggs created a MySpace profile that she used to authenticate celebrities’ MySpace pages to distinguish them from the many fake celebrity profiles on MySpace. Her most substantive gripe is that MySpace deleted Riggs’ profile twice, and she claims MySpace was negligent to do so. There are several reasons why MySpace should not be liable for deleting her profile, including most obviously the many self-serving provisions in MySpace’s user agreement (which the court mentions as an alternative basis of its dismissal). However, 47 USC 230(c)(1) does not appear to help MySpace because it only immunizes MySpace from liability based on third party content. Nevertheless, the district court rules against Riggs on 230(c)(1) grounds, saying:
Given that both claims for negligence are based on the deletion of Plaintiff’s profiles, a decision by MySpace to effectively “remove content” created by Plaintiff from its website, MySpace’s actions are immune from liability under Section 230(c)(1) of the CDA.”
Seen yesterday that Myspace has created a redesign to attempt to regain browsers. It is failing in the battle with Facebook. The modern look endeavors to give a better visitor experience and is significantly less complicated.Do you are aware how this will impinge upon the current templates and Myspace designs. Mobile visitors are also to be welcomed with a different mobile site. Is this an easy opportunity for your applications and blueprints.