April 5, 2007 – (HOSTSEARCH.COM) – A Court of Appeals ruling has concluded that existing legislation in the United States shields web hosting service providers from the actions of their customers. The Court released a document outlining the conclusion in a legal case brought against a number of companies - including web hosting provider CWIE and CCBill, a credit card processor - by “Perfect 10”. Perfect 10's lawsuit includes allegations of false advertising, copyright and trademark infringement, and violation of publicity rights.
The court's opinion appears to clarify Section 230 of the “Communications Decency Act (CDA)” which protects any "interactive computer service" (which includes web hosting providers) from liability for content created and posted by others. In addition, the conclusion this is the case in every US state.
"The reality is, the way that this 9th Circuit ruling reads, it now makes entirely clear that plaintiffs can't make any state-based claims against online service providers - they're all gone," explained Santa Clara University School of Law professor, Mr. Eric Goldman.
