Universal Communication Systems, Inc., et al. v. Lycos, Inc., et al., (No. 06-1826; Ct. of Appeal, 1st Cir.)
UCS is a publicly-traded company and Lycos operates the RagingBull.com message board which provides a discussion forum for public information about different companies to be shared on the Raging Bull site. A poster, or a number of posters to this message board, posted information about UCS which UCS alleged was defamatory. UCS sued the posters who allegedly made these defamatory statements and also sued Lycos. In response, Lycos filed a motion to dismiss the case on the grounds that the plaintiffs' claims were barred under Section 230 of the CDA. At the district court level, the plaintiffs claims were dismissed based on the court's determination that Lycos was immune from liability under the CDA. On appeal, the court reached the same determination, finding that Lycos was an interactive computer service and that "Lycos's conduct in operating the Raging Bull web site fits comfortably within the [CDA] immunity intended by Congress."
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