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12-Oct-2015 03:04 by 7 Comments

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This profile contained fictitious information about plaintiff, an actress, as well as accurate contact information and photographs of her.This information was posted in response to a form questionnaire prepared by defendant to which all users of its service had to respond.

The “continue” icon appeared at the foot of the initial webpage the user saw in the course of completing his profile, and just to the right of a sentence that read “I am 18 years old and I have read and agree to the True Terms of Use and Code of Ethics.” The phrase ‘Terms of Use’ were linked to the site’s Terms of Use, which appeared in a pop-up window when a user clicked on this link.

These false user profiles were allegedly included in online dating services Yahoo operates to cause users such as plaintiff to sign-up for, or renew their subscriptions to, the service.

The Court further held that the Communications Decency Act did not bar claims that asserted that Yahoo falsely represented to subscribers that various expired user profiles were in fact still current in an effort to cause them to continue their subscriptions.

Court grants motion of defendants and Lycos for summary judgment, and dismisses claims of invasion of privacy, defamation, misappropriation of right of publicity and negligence brought against them by plaintiff Carafano, an actress.

These claims arose out of the posting of a dating profile by a third party on the defendants' Matchmaker website, which profile allegedly contained fictious information about plaintiff, as well as accurate contact information and photographs of her.

Said the Court: Anthony alleges that Yahoo creates false profiles, not merely fails to delete them. In addition, Anthony claims that Yahoo sends users false profiles for the purpose of luring them into renewing their subscriptions. No case of which this court is aware has immunized a defendant from allegations that it created tortious content. If, as Anthony claims, Yahoo manufactured false profiles, then it is an 'information content provider' itself and the CDA does not shield it from tort liability.

In addition, the CDA does not defeat Anthony's allegations that Yahoo sent 'profiles of actual legitimate former subscribers whose subscriptions had expired and who were no longer members of the service, to current members of the service. Nevertheless, the CDA only entitles Yahoo not to be 'the publisher or speaker' of the profiles.This information was posted in response to a form questionnaire prepared by defendants to which site members had to respond.The court rejected defendants' argument that plaintiff's claims were barred by application of Section 230 of the Communications Decency Act.In reaching this result, the Court found that the Dating Services Law applied to Great Expectations even though it only provided the means, via the Internet, for clients to contact each other, but apparently did not actually refer clients to one another.Finally, the Court held that Great Expectations was subject to New York’s Dating Services Law because GE Management Group of N.Appellant may not have read the ‘Terms of Use’ but they were readily available to him on the Web site if he clicked on the ‘Terms of Use’ link near the ‘Continue’ button.