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Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory
النسخة 16الرقم المعياري الدولي: 978-0077733711Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory
النسخة 16الرقم المعياري الدولي: 978-0077733711 تمرين 2
Roommates.com, LLC ("Roommates") operated a widely used website designed to match people renting out spare rooms with people looking for a place to live. Before subscribers to Roommates could search listings or post housing opportunities on the website, they had to create profiles by answering a series of questions. Besides requesting basic information such as name, location, and e-mail address, Roommates required each subscriber to disclose his or her sex and sexual orientation, and whether he or she would bring children to a household. Each subscriber was further required to describe his or her roommate preferences with respect to the same three criteria (sex, sexual orientation, and whether children would be brought to the household). Roommates also encouraged subscribers to provide "Additional Comments" describing themselves and their desired roommate in an open-ended essay. After a new subscriber completed the application, Roommates would assemble his or her answers into a profile page. Subscribers to Roommates were entitled to view their own profile pages and those of others, send personal e-mail messages through the site, and receive notices from Roommates regarding available housing opportunities matching their preferences.
The Fair Housing Councils of the San Fernando Valley and San Diego ("Councils") sued Roommates, alleging that its activities violated the federal Fair Housing Act ("FHA"). The FHA prohibits discrimination in the sale or rental of housing on the basis of "race, color, religion, sex, familial status, or national origin." The FHA also bars
mak[ing], print[ing], or publish[ing], or caus[ing] to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
Roommates argued, however, that it was immune from liability under § 230 of the federal Communications Decency Act, which provides that "[n]o provider … of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did § 230 protect Roommates against liability?
The Fair Housing Councils of the San Fernando Valley and San Diego ("Councils") sued Roommates, alleging that its activities violated the federal Fair Housing Act ("FHA"). The FHA prohibits discrimination in the sale or rental of housing on the basis of "race, color, religion, sex, familial status, or national origin." The FHA also bars
mak[ing], print[ing], or publish[ing], or caus[ing] to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
Roommates argued, however, that it was immune from liability under § 230 of the federal Communications Decency Act, which provides that "[n]o provider … of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did § 230 protect Roommates against liability?
التوضيح
موثّق
موثّق
Fair Housing Act
Fair housing act is a U.S. federal act that protects buyers or the renters from any kind of discrimination by the sellers or landlords on any base such as gender, sexual orientation, race, color or nationality.
Facts of the Case
Roommates.com was an online platform where renters could communicate with others to find a roommate. The users have to fill out a form where users had to describe their sex, sexual orientation and whether they would bring children to the house.
The fair housing counsels of San Fernando sued Roommates.com for violation of FHA that protects renters from any kind of discrimination based on gender, race, color, nationality or sexual orientation.
Section 230 protects any Interactive computer service (ICS) provider from liability of the content posted by third parties on their website which is true for the "additional information" portion of Roommates.com.
The U.S. Court of Appeals for the Ninth Circuit stated that the website can't be immune by Section 230 as it forced its users to choose from the options that were clearly discriminating.
Here, the website also served as an information content provider and section 230 only protect ICS providers against liability of the content posted by another information content provider.
Fair housing act is a U.S. federal act that protects buyers or the renters from any kind of discrimination by the sellers or landlords on any base such as gender, sexual orientation, race, color or nationality.
Facts of the Case
Roommates.com was an online platform where renters could communicate with others to find a roommate. The users have to fill out a form where users had to describe their sex, sexual orientation and whether they would bring children to the house.
The fair housing counsels of San Fernando sued Roommates.com for violation of FHA that protects renters from any kind of discrimination based on gender, race, color, nationality or sexual orientation.
Section 230 protects any Interactive computer service (ICS) provider from liability of the content posted by third parties on their website which is true for the "additional information" portion of Roommates.com.
The U.S. Court of Appeals for the Ninth Circuit stated that the website can't be immune by Section 230 as it forced its users to choose from the options that were clearly discriminating.
Here, the website also served as an information content provider and section 230 only protect ICS providers against liability of the content posted by another information content provider.
Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory
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