The UCL Practitioner
Friday, July 23, 2004
New UCL decision
In Grace v. eBay, ___ Cal.App.4th ___ (July 22, 2004), handed down yesterday, the Court of Appeal held that a federal statute governing "interactive computer services" did not immunize eBay from liability for libel. Instead, a written release in eBay's user agreement precluded the libel suit. These holdings also applied to (and disposed of) the plaintiff's UCL claim, which was premised solely on the defendant's allegedly "unlawful" libel.
UPDATE: This morning's Recorder has an article on the decision, "eBay Ruling Punctures Web Liability Sheild," as does the Daily Journal, whose article is titled "Panel Tosses Publisher's Defamation Lawsuit."
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