Et 420 online dating
Said the Court: Anthony alleges that Yahoo creates false profiles, not merely fails to delete them. In addition, Anthony claims that Yahoo sends users false profiles for the purpose of luring them into renewing their subscriptions. No case of which this court is aware has immunized a defendant from allegations that it created tortious content. If, as Anthony claims, Yahoo manufactured false profiles, then it is an 'information content provider' itself and the CDA does not shield it from tort liability.In addition, the CDA does not defeat Anthony's allegations that Yahoo sent 'profiles of actual legitimate former subscribers whose subscriptions had expired and who were no longer members of the service, to current members of the service. Nevertheless, the CDA only entitles Yahoo not to be 'the publisher or speaker' of the profiles.
Because Anthony posits that Yahoo's manner of presenting the profiles - not the underlying profiles themselves - constitute fraud, the CDA does not apply.
Court grants motion of defendants and Lycos for summary judgment, and dismisses claims of invasion of privacy, defamation, misappropriation of right of publicity and negligence brought against them by plaintiff Carafano, an actress.