immunity

Section 230 of the CDA, May – or May Not – Immunize Online Marketplace Providers from Ticket-scalping Liability

In July 2008, Stubhub lost a motion to dismiss a North Carolina anti-scalping complaint regarding tickets for a Hannah Montana concert purchased at grossly inflated prices via stubhub.com. The court denied Stubhub’s motion to dismiss on plaintiffs’ claim that Stubhub had violated North Carolina’s anti-ticket scalping law. Two months later, an Oregon court granted a similar motion to dismiss brought by joint defendants Stubhub and eBay in a case concerning a Bruce Springsteen concert. In both cases, the issue presented was how far the immunity found in the Communications Decency Act section 230 should extend.

Hill v. Stubhub

Fehrs v. Stubhub

Published in Tuesday, October 10, 2008, Volume 6, No. 1
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