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Martin Samson, author of the Internet Library of Law and Court Decisions

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Michele Mazur v. eBay Inc., Hot Jewelry Auctions.com d/b/a Jewelry Overstock Auctions and Paramount Auctions, et al.
Court holds Communications Decency Act does not immunize eBay from claims arising out of its promotion of live auctions run by third parties on which it profits as ‘safe.’

Aquino v. Electriciti Inc.

26 Med. L. Rptr. 1032 (Cal. Superior Crt., San Francisco City and County, Sept. 23, 1997)

In this case, the Court, following Zeran v. America Online, Inc., 958 F. Supp. 1124 held that the Communications Decency Act preempts state law claims against defendant ISP for negligence, breach of contract, intentional infliction of emotional distress, alter ego liability, injunctive relief and violation of civil rights arising from IPS's distribution of material written by another that contained derogatory comments about plaintiffs, including that they were the "ring leaders" of an "international conspiracy" to further "Satanic Ritual Abuse" of children. Said the court:

Plaintiffs' causes of action are preempted by Section 230 of the Communication Decency Act of 1996 and Zeran v. America Online, Inc., 958 F. Supp. 1124.

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