In the past two weeks, I’ve twice blogged about the Ninth Circuit’s opinion in Barnes v. Yahoo. This case split the Ninth Circuit from other circuits as to how the CDA should be applied – should it support a 12(b)(6) motion to dismiss, or should it be treated as an affirmative defense? In deciding that the
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Ninth Circuit CDA Decision
By Andrew R. Boortz on
In what is likely to be seen as a watershed moment for the application of the Communications Decency Act of 1996 (the “CDA”), the Ninth Circuit Court of Appeals has released an opinion in Barnes v. Yahoo that has the potential to dramatically increase the cost of defending social media and computer service providers.
The…
Facebook Makes a U-Turn
By Adam Snukal on
On Feb. 4, 2009, Facebook decided to change (aka “update”) its Terms of Use Policy. The new policy provided, essentially, the right of Facebook to continue using a user’s data even once he/she left the service. The following is an excerpt from Facebook’s current Terms of Use Policy:
You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable,
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