Comments on: Court: eBay's off the hook over feedback

The auction site can't be forced to take down allegedly libelous or false statements posted in profile comments, a California appeals court has ruled.

[Razzl]

ISP's are significantly responsible for content

I'm sorry, but the public doesn't accept the idea that ISP's are just a conduit for data. Unlike earlier technologies like telephone, offensive or questionable content on a web site can easily be seen and evaluated by the ISP's staff. The fiction of the ISP as conduit has already been broken in cases involving music/video piracy, pornography, and copyright infringement: there's no reason why eBay should be seen as exempt from the reasonable requirement that they moderate a forum which they exclusively make possible by their proprietary software and web site. The longer the libel remains searchable on-line the greater the validity of the libel grievance. Sooner or later courts will flip on this issue. EBay should take the lead and make plans for having moderators to examine these issues and delete questionable feedback.

[Razzl]

ISP's are significantly responsible for content

I'm sorry, but the public doesn't accept the idea that ISP's are just a conduit for data. Unlike earlier technologies like telephone, offensive or questionable content on a web site can easily be seen and evaluated by the ISP's staff. The fiction of the ISP as conduit has already been broken in cases involving music/video piracy, pornography, and copyright infringement: there's no reason why eBay should be seen as exempt from the reasonable requirement that they moderate a forum which they exclusively make possible by their proprietary software and web site. The longer the libel remains searchable on-line the greater the validity of the libel grievance. Sooner or later courts will flip on this issue. EBay should take the lead and make plans for having moderators to examine these issues and delete questionable feedback.

[www-rexxfield-com]

United States federal law opens the door to Free Speech abuse and perpetuation thereof
Section 230(c) of the Communications Decency Act is probably the single greatest step backwards for the original intent of the first amendment as it relates to free speech in that the Internet allows 24/7 real time access to so much unfiltered information to so many people. The act is controversial because several courts have interpreted it as providing complete immunity for internet service and content providers with regard to the torts committed by their users over their systems. Section 230 ?creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.?

Many criticize Section 230 for leaving victims with no hope of relief where the true libelers cannot be identified or are judgment proof. Giants such as Google can as a result allow a person or business to be ruined at every level by ignoring the plight of innocent victims targeted by libelers, regardless of the evidence supporting the removal request. [See Google's template response to victim's request to remove libelous results from search index]: http://www.rexxfield.com/GoogleAllowsLibel.html

Freedom of Speech in Other Nations
Thankfully the section 230(c) license given to ISPs to disseminate and perpetuate online libel does not extend beyond the USA borders. However, this doesn't stop non-US internet users from accessing illegal and unprotected speech.

View my essay on this subject here: http://www.rexxfield.com/essay_internet_defamation_libel.html

[jojokinkaid]

There is a forum I found on the internet that is free, and helps with Ebay, PayPal, business and the law. Just post any question, the experts will answer it if it has not already been answered!

Feedback removal is a heavy topic there.

The forum has a lot of expert advice on it. http://www.modeeworld.com/forums I found advice there about how to avoid EBAY suspensions, get past PayPal limitations, also lots of detailed help on creating your own business, getting past trademark violations, VERO and lots more. Plus general advice on how best to sell on EBAY, what sells the best, how to get the best price for your product, really everything related to EBAY and internet business.

Also advice about how EBAY really works and how PayPal really works. The inside scoop.

Beautiful forum. I was made a moderator of the forum and I love it!