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ARTICLE · 08 DECEMBER 2017

Posting Service Entitled To Broad Immunity Under CDA

McDermott Will & Emery
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The district court rejected Goren's argument that, by holding itself out as the copyright holder and by having "directed" internet search engines to list the postings, Ripoff Report itself became the information provider.

United StatesIntellectual Property
Nitin Gambhir
Nitin Gambhir
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The US Court of Appeals for the First Circuit agreed with the district court that posting service immunity under the Communications Decency Act (CDA) should be "broadly construed," and that the act of posting complaints was in itself sufficient consideration for grant of an irrevocable nonexclusive license. Small Justice LLC v. Xcentric Ventures LLC, Case Nos. 15-1506; 16-1085 (1st Cir., Oct. 11, 2017) (Barron, J). 

Massachusetts lawyer Richard Goren and his company, Small Justice (collectively, Goren), sued Xcentric Ventures, the owner of RipoffReport.com, for copyright infringement, libel, interference with a contract and violation of Massachusetts' unfair competition statute. The Ripoff Report permits customers to "post free complaints, called 'reports,' about companies and individuals whom [sic] they feel have wronged them in some manner." 

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