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Inc. 99 CalApp4th 816 833 note 11 121 CalRptr2d 703 717 note 11 (Cal 4th App Dist 2002) (emphasis added) So what does this mean in plain language Its pretty simpleif Ed Magedson creates an entire report (say Report #123) he would absolutely be responsible for that entire report Likewise if someone else wrote Report #123 but Ed made significant changes to it that altered its meaning he might be responsible for those changes but he is still protected by the CDA as to everything else that he did not create or change So unless you want to bring a lawsuit based on something you can prove was created or materially modified by Ed then the CDA will still apply and will prevent you from suing Ed or Ripoff Report for something that someone else wrote Courts have consistently agreed with this argument in cases involving the Ripoff Report Some recent examples are 2009 WL 2915273 (NYSup 2009); LLC 2008 WL 450095 (MDFla 2008) and LLC 2009 WL 62173 (NDTex 2009)RULE #2Providing A List Of Categories Does NOT Affect CDA Immunity If you have ever used Ripoff Report to create a post you know that we offer a broad list of categories and topics that people can pick from to characterize their reports Some of the categories are extremely generic such as "Automotive" or "Electronics" while others are a bit more provocative such as "Outrageous & Popular Rip-Off" We used to have a category called "Corrupt Companies" but we decided to delete that one in favor of some more neutral terms As of September 2010 we now have more than 500 different categories and topics to choose from when submitting a report When creating a new report an author is required to pick one category and one topic to describe their submission but we do not tell authors which ones they should use In addition we do not move reports from one category to another For those reasons regardless of what category an author chooses to apply to a report the CDA continues to protect us from liability based on an authors category selection because merely providing a list of categories to choose from is "minor and passive participation in the development of content [that] will not defeat CDA immunity which can even withstand more active participation" 2007 WL 2949002 *3 (DAriz 2007)RULE #3Ripoff Reports Corporate Advocacy Program Does NOT Affect CDA Immunity Later in this rebuttal we will talk in more detail about Ripoff Reports "Corporate Advocacy Program" or "CAP" which is a paid service we offer to companies who want extra help (beyond the free options we offer) dealing with customer service issues Some people who dont like or dont understand the program have called it a form of "extortion" and they have argued that the CAP program somehow causes Ripoff Report to lose its protection under the CDA This argument is just plain wrong In fact this argument has been rejected by every court that has considered the issue so dont take our word for it Heres how a federal judge in Texas explained the impact our Corporate Advocacy Program has on our CDA immunity efendants have a "Corporate Advocacy Program" in which for a fee Defendants will investigate "rip-off reports" targeting a company and draft and post rebuttals to a negative report The Court does not find this makes Defendants "information content providers" under the CDA Plaintiff cites no case law demonstrating that such conduct bars CDA immunity and has not demonstrated that the "Corporate Advocacy Program" has played any role in this case Like other courts to consider this issue this Court does not find the "Corporate Advocacy Program" prohibits Defendants from immunity under the CDA,beats by dre australia. |
