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Published on: 3/21/2007
Last Visited: 3/26/2007
"We don't believe the Communications Decency Act applies to a case like this," said Adam Loewy of law firm Barry & Loewy, which is representing the minor.
He argued that the CDA applies primarily to defamation cases, such as when an owner of a Web site is sued over defamatory material published on the site.He said Judge Sparks erred in his interpretation of the CDA and that it does not limit MySpace's liability for torts, or wrongful acts of members on its site.
"We are confident that ,an, appellate court will agree," Loewy told internetnews.com.
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But Loewy is undeterred, and also plans to re-file a parallel suit against MySpace in the United States Court of Appeals for the Ninth Circuit located in San Francisco.
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But Loewy feels a court near Silicon Valley, which he says has handled more Internet-related cases, will be more prepared to rule in his client's favor.