· 3/25/2009
Atlantic Recording Corp. v. Project Playlist, Inc.
Citations
- 603 F. Supp. 2d 690
- 90 U.S.P.Q. 2d (BNA) 1799
- 2009 U.S. Dist. LEXIS 24912
- 2009 WL 766224
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “this factor is neutral in the Court’s analysis” when neither side has identified an unwilling witness
- finding the locus of operative fact factor was neutral where there are multiple loci of operative fact
- discussing Section 230 congressional intent and outlining cases applying its broad immunity
- considering, on a Rule 12(b)(6) motion, a website and drawing “facts . . . from the Court's own review of the Website” because “the Website is incorporated by reference into the Complaint” (citing cases where courts likewise have considered such incorporated websites)
- “Because the Website is incorporated by reference into the Complaint, the Court may consider it on a motion to dismiss.”
- “Whether wisely or not, Congress made the legislative judgment to effectively immunize providers of interactive computer services from civil liability in tort with respect to material disseminated by them but created by others.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.