Software Research Group, Inc. v. WWW.PISSEDCONSUMER.COM

Memorandum of Law in Support of Defendant Opinion Corp.'s Motion to Dismiss the Complaint

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This was a lawsuit consisting of five different versions of a defamation claim, brought against a website and an unknown number of anonymous defendants. The website, called PissedConsumer.com, was operated by movant, Opinion Corp., and was what is known as a “gripe site” to detractors or a “consumer reviews” site to supporters. It was an Internet website where people posted comments, which could be negative. They were not required to identify themselves.

The Complaint’s allegations were clear, and based on them, plaintiff, a “computer consulting company,” did not have, and did not claim to have, any basis to allege that PissedConsumer.com was itself responsible for writing, or even personally posting, the anonymous negative comments that were the basis of this Complaint. Rather the allegations were that the allegedly defamatory statements were made or posted “on PissedConsumer.com.” (Complaint ¶¶ 3, 8, 9.)

The Complaint, we argued, failed as a matter of law pursuant to Section 230 of the Communications Decency Act, which prohibits the imposition of liability under state law on any user or provider of an "interactive computer service" for publishing content provided by another.

After the filing and service of this motion, the action was voluntarily dismissed.

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Published In: Business Torts Updates, Civil Remedies Updates, Civil Rights Updates, Communications & Media Updates, Consumer Protection Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 3rd Circuit, New Jersey | United States