Thursday, September 01, 2005

Bloggers Legally Liable For Readers' Comments?

In a legal case being watched closely by bloggers, an Internet company has sued the owner of a Web log for comments posted to his site by readers.

Traffic-Power.com sued Aaron Wall, who maintains a blog on search engine optimization – tactics companies use to get themselves to appear higher in searches at Google, Yahoo and elsewhere – alleging defamation and publication of trade secrets. The suit, filed in a Nevada state court earlier this month, also listed as defendants several unnamed users of the blog.

Bloggers have been buzzing about the lawsuit, swapping links to Mr. Wall's latest dispatches on the case and worrying about their own liability. Legal analysts said the suit could be a test case for determining what protections bloggers have or don't have for allegedly defamatory material posted by others. At issue would be the court's application of the federal Communications Decency Act, a 1996 law that, broadly, protects providers of computer services from being held liable for content posted by others.

There have been few lawsuits involving blogs so far, but lawyers have said the area is fertile ground for legal actions because blogging is both increasingly popular and rife with opinions about companies and individuals. Earlier this year, Apple Computer Inc. sued a Harvard student in a California court, accusing him of publishing trade secrets on his blog, ThinkSecret.com, in violation of state law. That case is pending in Superior Court in Santa Clara, Calif.

Link
eXTReMe Tracker