Team Kimberlin Post of the Day

One of the running gags about Team Kimberlin’s incompetence in their LOLsuits is the idea that they buy their legal advice from the same Acme Company that sells goods to Wile E. Coyote. The TKPOTD from four years ago took a look at Another Fine Acme Legal Theory.

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vbr201402210202Z47 U.S.C § 230(c) says that the person providing content is responsible for what he provides. In the case of a comment posted here at Hogewash!, that’s the author of the comment. The law says that

[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Furthermore, 47 U.S.C § 230(e)(2) says in part that

No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

Now, Acme will probably point to the recent Hare v. Richie case where discovery was allowed to continue in spite of a website’s contention that is was protected by § 230. There are three things to consider. First, discovery was allowed in that case to determine if the site operator was involved in producing any of the offending content. Second, the plaintiff wound up losing the case. It was dismissed.

Third, discovery in a similar lawsuit involving Hogewash! would lead to the same result.

* * * * *

So far that theory has failed against this blog and me in four LOLsuits and a peace order petition from The Dread Deadbeat Pro-Se Kimberlin and four LOLsuits from The Dreadful Pro-Se Schmalfeldt.

Apparently, when they read the thing about “satisfaction guaranteed,” they didn’t understand that Acme meant mine.

11 thoughts on “Team Kimberlin Post of the Day

  1. Well, the assumption would be *IF* he could file a lawsuit that would make it to discovery. So far, Schmalfeldt has had nothing but jurisdiction problems. And his constant moving doesn’t seem to be helping him.

  2. Section 230 was pretty much explicitly made with the intention of allowing site owners to moderate their site’s content without becoming legally liable for that content.

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