StubHub and Section 230 Immunity
Fehrs v. StubHub, Inc., No. 0801-00515 (Ore. Cir. Ct. Sep. 9, 2008) found that StubHub was immune from a state law claim regarding ticket scalping. StubHub was not so lucky in NPS LLC v. StubHub, Inc., 2009 WL 995483 (Mass. Super. Jan. 26, 2009) where commentators at the Berkman Center and Mass Law Blog have been noting that the court appears to have held that “knowing participation” amounts to “material contribution.” The court’s discussion of 230 is brief, but it’s an interesting follow-on to Roommates.com.
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