The 3rd Circuit Court of Appeals has now reversed that conclusion that Section 230 applies here in a decision that not only revives her suit against Facebook, but potentially teases even higher-stake showdowns.
While Section 230 shields internet service providers from most legal claims over user content, an exception is made over intellectual property. But what does that include? All intellectual property or just IP under federal law like patents and copyrights? And, is a famous face a form of IP recognized by states like Pennsylvania? Those were the questions being handled at the 3rd Circuit in a case that drew the attention of the Screen Actors Guild.
“In our view, Facebook’s interpretation strays too far,” writes 3rd Circuit judge Thomas Hardiman in the latest opinion (