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Volume: 4 Issue: 5
( 2004)
Keywords:
roger
m
grace
ebay
inc
22
july
2004
court
appeal
state
california
holds
website
owner
actual
constructive
knowledge
did
Jurisdictions:
US
LIBEL: In Roger M. Grace v eBay Inc. 22 July 2004 the Court of Appeal of the State of California holds that a website owner with actual or constructive knowledge did not gain immunity against liability for objectionable material posted by a user, but an exclusion clause within the User Agreement relieved the Defendant of liability.
Roger M. Grace v eBay Inc.
Appeal from a judgment of the Superior Court of Los Angelos County
T L Willhite Jr, Judge. Second Appellate District. Croskey Acting P.J., Kitching J and Aldrich J.
Court of Appeal of the State of California holds that a Defendant website owner with actual or constructive knowledge will not gain immunity against liability for objectionable material posted by a user on his site, but an exclusion clause within the User Agreement relieves the Defendant of such liability.
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