holding a blogger not liable for one of his posts and for the comments posted by users; the court found that both the blogger’s post – which linked to allegedly defamatory contents – and the comments posted by users did not amount to a defamation; while they contained harsh criticism against the claimant – the Spanish copyright collecting society, SGAE – they were protected by the right of freedom of expression; thus although the blogger had actual knowledge of the contents and chose not to remove them, no liability attaches because the contents were ultimately licit; the ruling reversed a previous judgment issued by a lower court holding the blogger liable.
holding the owner of an internet forum liable for defamatory remarks posted by users against the Spanish pop singer Ramoncín; the court considered that the owner of the forum did not qualify for the hosting exemption because (a) the defamatory nature of the contents was self-evident and thus the defendant should be deemed aware of facts or circumstances indicating illegal activity, and (b) the website owner was negligent as it did not provide enough contact details to be notified about illegal content.
holding the owner of an internet forum not liable for its users’ defamatory messages; the website owner complied with the hosting exemption’s requirements to be free from liability as it had no actual knowledge or awareness of facts or circumstances revealing the illegal nature of the offensive comment, and promptly removed it once notified about it.
holding the owner of a website not liable for defamatory comments posted by one user; the defendant qualified for the hosting safe harbor and thus was exempted from liability.
holding Yahoo! not liable for comments posted on a chat room hosted by Yahoo!; the defendant qualified for the hosting safe harbor as it duly removed the contents once notified and thus was exempted from liability.