Advertiser Protection under CDA Section 230 for User-Generated Online Contest Submissions Will Go to Jury

5 03 2010

[this case is not an IP case as such… the issue is “false and deceptive advertising.” But the ruling on CDA 230 aspect is relevant for new media law. ell]

A hard-fought battle between two sandwich franchises has yielded an opinion dealing with the application of Section 230 of the Communications Decency Act to videos submitted as part of an online contest. The result is an unusual ruling that sends to a jury the issue of whether the advertiser that sponsored the contest was an “information content provider” with respect to the videos, and thus is ineligible for CDA Section 230 protection. Doctor’s Associates v. QIP Holder LLC, 2010 U.S. Dist. LEXIS 14687 (D. Conn. Feb. 19, 2010).


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