Judge Throws Out Lawsuit Blaming MySpace For Sexual Assault
from the suing-whoever-has-the-money dept
Last summer we were disappointed, but not surprised, to see the family of a 14-year-old girl who claimed she was sexually assaulted by a 19-year-old guy she met on MySpace decide to sue MySpace for allowing it to happen. Such a lawsuit is ridiculous on any number of levels -- both legally and at a common sense level. It's like suing the phone company any time a phone is used as part of a crime. Legally, it's quite clear that MySpace is protected by section 230 of the Communications Decency Act, which makes it clear that a service provider is not responsible for the actions of its users. This makes perfect sense. The law is designed to make sure it's those who are actually responsible for the illegal actions who get in trouble for them. That's why it's good to see that the judge has tossed out this case, pointing to section 230 and noting that if it were allowed, companies like MySpace "would be crippled by lawsuits arising out of third-party communications." The lawyers for the family, of course, plan to appeal -- wasting even more resources on a case that is unlikely to get anywhere. Of course, we're still waiting to hear what the 19-year-old involved in this case is going to do. After the girl's family sued MySpace, his lawyers realized that if MySpace was somehow responsible, then perhaps they could sue as well, and take some of the blame off the guy.
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Take responsibility little girl
Hey, little "innocent" girl, you have to step up and take responsibility for your actions. If a guy raped you, then sue him, get him put in jail, and seek therapy as to why you would allow yourself to get into a situation to where you could be raped. You can't be a victim your entire life.
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Re: Take responsibility little girl
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Re: Take responsibility little girl
I blame idiot parents. How did you girl manage to meet up with a 19 year old she met on myspace without her parents knowing?
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Re: Re: Take responsibility little girl
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Dont shoot the messenger
One further question, when it comes to responsibility, is that was this an assault in that she was unwillingly raped by him, or was it that she actually consented although she was underage? For either, I would blame the parents - SQUARELY for not keeping better tabs on their 14 year old girl. Do they know who her circle of friends are? Were they aware of her internet habits if they did not approve.
With much of the child crime, including 14 year old boys mugging, shooting and stabbing people for drugs in the street, the parents MUST take responsibility.
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Kudos
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The real victim...
Suing the cab company when you get mugged after getting out of one near a dark alley?
Suing the nightclub when a person is drugged then raped?
Suing your college when you get robbed walking to your dorm alone at night?
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Appeal?
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reasonable care
So yes sue the nightclub, sue the cab driver (if complicit) sue the fork company for not enclosing instructions!
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Re: reasonable care
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Re: Re: reasonable care
No, I haven't heard of undue burden. It'd be swell of you to tell us about it though, rather than just post a question asking us if we know about it.
Do you know about "tarps 'n funnels"? No? Me neither.
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The true blame should go to...
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Re: The true blame should go to...
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It would seem to me little Suzy was out prowling around and got caught where she should not have been. So instead taking responsibility and taking away or at least limiting the girls access, they see a quick way of making a buck or two. So who is at fault here, the Boy? The Girl? The internet? I would think the parents. I’m just glad to see at least the judicial system waking up to the fact that you don’t shoot the messenger gut because you don’t like the letter being sent.
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It would seem to me little Suzy was out prowling around and got caught where she should not have been. So instead taking responsibility and taking away or at least limiting the girls access, they see a quick way of making a buck or two. So who is at fault here, the Boy? The Girl? The internet? I would think the parents. I’m just glad to see at least the judicial system waking up to the fact that you don’t shoot the messenger gut because you don’t like the letter being sent.
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It would seem to me little Suzy was out prowling around and got caught where she should not have been. So instead taking responsibility and taking away or at least limiting the girls access, they see a quick way of making a buck or two. So who is at fault here, the Boy? The Girl? The internet? I would think the parents. I’m just glad to see at least the judicial system waking up to the fact that you don’t shoot the messenger gut because you don’t like the letter being sent.
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As mark Twain said '' Kill All The Lawyers''
There should be a law to the effect that if a judge deems a case tivial and having no grounds, that the Lawyer (s) who prepared and submitted it shoud be fined and must pay all the court costs.
lets see how many more law suits like this go before the courts when the lawyers suddenly have to account for the idiotic things they try to sue for.
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prospective...
I am driving down the road at 45mph (legal speed limit) and some moron blows thru the traffic light and broadsides me. I sue.... the state of course. If the speed limit had been 55 I would have already past the intersection thus avoiding the other driver, makes sense. Then I sue... the auto manufacturer, if they had not produced the car I would not have been at that place, at that time. Then I sue... the list could go on and on. Sue the lawyer, that is the real moron, plus has all the money.
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Why do Lawyers Take These Case
Were they being paid by the hour - or was it a case of getting 1/3 of the judgement as compensation.
If in fact, the parents are responsible for the bill, this usually amounts to $400 hourly in most instances - money that could have been saved towards their daughters college tuition in a few years
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It's NOT MySpace's fault
And even if they WERE doing so - there's methods of hiding information that they wouldn't be able to detect, and things would still slip by them (cf: E. German Stazi, KGB...)
No - the proper people to blame for this farce are the Parents of the child. They have failed to teach their child the dangers of the Internet. Just like Mom used to say "Don't Talk To Strangers" - that now applies to the Net as well.... If your kid, and you are stupid enough to chit chat with someone on some site with MILLIONS of users from around the world, then you reap what you sow...
As for the lawyers - they are paid to be zealous advocates for their clients. They MAY have advised the client that it was a longshot case, and the CLIENT may have wanted to do it anyway. If someone is offering your $300+/hr or 1/3 of settlement + retainer, and THEY WANT to do it, who are you to say "oh no... keep your money..."... a fool and their $$$ are soon parted, so you might as well pick it up and run with it...
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Case
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