A MKO1 2123664 v12916906-000001 08/17/2010
CDA for statements posted by third party users.
GW Equity, LLC v. Xcentric Ventures, LLC
, 2009 WL 62173 (N.D.Tex. 2009) (holding Xcentric andMagedson entitled to immunity under the CDA);
Intellect Art Multimedia, Inc. v. Milewski
, 2009 WL 2915273 (N.Y.Sup. 2009) (same);
Whitney Info. Network Inc.v. Xcentric Ventures, LLC
, 2008 WL 450095 (M.D.Fla. 2008) (same);
Global Royalties, Ltd. v. Xcentric Ventures, LLC,
544 F.Supp.2d 929 (D.Ariz. 2008)(same).Like every prior case in which the CDA was found to protect Defendants,the current action attempts to use creative lawyering and fancy-soundingallegations to accomplish exactly what the law does not permit—imposing liabilityon Defendants for material they did not create or alter in any material respect.Courts have unanimously determined the CDA expressly prohibits this result andnothing about this case warrants a different result. As such, Defendants areentitled to summary judgment.
Defendants Xcentric and Ed Magedson operate the websitewww.RipoffReport.com which allows consumers to post complaints and to reviewcomplaints written by other users. Defendants’ Statement of Facts (“DSOF”) ¶ 1.Plaintiffs Melissa A. Herman and David A. Russo are bankruptcy lawyers and
Case 1:10-cv-00398-CAP Document 30-1 Filed 08/17/10 Page 2 of 27