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Cubby Inc. V. Prodigy Summary

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CASE (Stratton Oakmont, Inc. V. Prodigy): An unidentified user of Prodigy’s Money Talk created a post on the bulletin board in October 1994 and claimed that Stratton Oakmont, Inc a Long Island Securities investment banking firm and its president Danny Porush performed criminal and fraudulent activities with the initial public stock offerings of Solomon-Page, Limited. Stratton Oakmont sued both the Prodigy and the unidentified poster for the defamation and argued that Prodigy is liable under the common law definition under defamation. Court Ruling: Stratton argued that liabilities are to be imposed on Prodigy as it exerted editorial control over messages by 1. Posting content information instructions for its users. 2. Enforce the guidelines with the Board Leaders. 3. Using screening software to remove offensive language. Senator Exon provided a defense against such civil or criminal liability, to encourage ISP to monitor the services. Later, this case conflicted with the court decision in the Cubby, Inc. V. CompuServe Inc., in 1991. CASE (Cubby, Inc. V. CompuServe Inc.,): CompuServe, Inc. (CompuServe) (defendant) offered an online service, where subscribers could access several forums online. Journalism forums was one among the numerous ones. The CompuServe didn’t manage the Journalism Forum, but it was managed by an independent company which was in accordance with the CompuServe’s editorial Standards. One such publication was Rumorville, which supplied reports about

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