Doe V. My Space - Arguments and Issues On Appeal

Arguments and Issues On Appeal

Plaintiffs appeals the district court's dismissal of their claims for negligence and gross negligence arguing:

  1. That § 230(c)(1) of the CDA is inapplicable here because their claims do not implicate MySpace as a 'published' protected by the Act
  2. That MySpace was partially responsible for creating the content of the information that was exchanged between Julie and Solis.
  3. That § 230(c)(2) does not immunize MySpace's failure to take reasonable steps to ensure minor's safety
  4. The court should apply the law of premises liability germane to owners of real property to publishers and Internt service providers operating in the virtual world of cyberspace.

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