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Home > Barnes v. Yahoo!

Barnes v. Yahoo! [1]

Submitted by DMLP Staff on Tue, 04/21/2009 - 17:08

Summary

Threat Type: 

Lawsuit

Date: 

05/24/2005

Status: 

Pending

Disposition: 

Dismissed (total)

Location: 

Oregon

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Breach of Contract
Negligence
On May 24, 2005, Cecilia Barnes filed a lawsuit against Yahoo! for negligently failing to remove unauthorized profiles from its Yahoo! Profiles website.  The profiles were created by Barnes' ex-boyfriend, and contained nude photos of Barnes and her work contact... read full description
Parties

Party Receiving Legal Threat: 

Yahoo!, Inc.

Type of Party: 

Individual

Type of Party: 

Large Organization

Location of Party: 

  • Oregon

Location of Party: 

  • California

Legal Counsel: 

Thomas R. Rask III - Kell, Alterman & Runstein, LLP

Legal Counsel: 

Jeffrey A. Johnson, Thomas W. Brown - Cosgrave Vergeer Kester, LLP; Patrick J. Carome, Samir Jain - Wilmer Cutler Pickering Hale & Dorr, LLP
Description

On May 24, 2005, Cecilia Barnes filed a lawsuit against Yahoo! for negligently failing to remove unauthorized profiles from its Yahoo! Profiles [2] website.  The profiles were created by Barnes' ex-boyfriend, and contained nude photos of Barnes and her work contact information.  According to the complaint, on March 29, 2005, Yahoo! contacted Barnes and assured her that they would put an end to the unauthorized profiles.  However, the complaint alleges that she continued to be harrassed by strange men.  Barnes claims that when Yahoo! contacted her, they undertook an affirmative duty of care under Oregon law, and this duty was violated when they failed to remove the profiles and prohibit them from being posted again.

On June 23, 2005, Yahoo! removed the case from the Circuit Court of the State of Oregon for the District of Multnomah to the United States District Court for the District of Oregon.  On November 8, 2005, the district court granted Yahoo!'s motion to dismiss the case, finding that 47 U.S.C. §230 immunizes interactive service providers, such as Yahoo!, from liability for failure to screen or remove third-party content.  The Ninth Circuit heard oral arguments in the case on October 14, 2008.

Update:

05/07/2009 - The Ninth Circuit Court of Appeals affirmed in part and reversed in part the district court's order dismissing the case.  The appellate court determined that Barnes' allegations might support a claim for promissory estoppel and held that section 230 would not preempt this claim.

05/21/09 - Yahoo! filed a petition for rehearing.  An amicus coalition consisting of Public  Citizen, the Center for Democracy and Technology, the Citizen Media Law Project, and EFF filed a motion for leave to file an amicus brief [3] supporting Yahoo!'s petition.

06/22/09 - The Ninth Circuit amended its opinion to remove section II of the opinion and to revise footnote 4.  The court denied Yahoo!'s and Barnes' requests for rehearing or rehearing en banc.

12/08/09 - The district court denied [4] Yahoo!'s motion to dismiss Barnes' promissory estoppel claim.

Related Links: 

  • Internet Library of Law and Court Decisions: Cecilia Barnes v. Yahoo Inc. [5]
  • Softpedia: Woman sues Yahoo! because of nude photos posted online [6]
  • CMLP: Barnes v. Yahoo: Section 230 Does Not Insulate Online Service Provider From Contractual Liability [7]
  • Technology & Marketing Law Blog: Ninth Circuit Mucks Up 47 USC 230 Jurisprudence . . . AGAIN!? -- Barnes v. Yahoo [8]
  • Consumer Law & Policy Blog: Can a Section 230 Immunity Defense Be Raised on a Motion to Dismiss? [9]
  • Concurring Opinions: Barnes v. Yahoo!, CDA Immunity, and Promissory Estoppel [10]
  • 9th Circuit Court of Appeals: Audio Recording of Oral Argument [11]
  • Technology & Marketing Law Blog: Ninth Circuit Helpfully Amends Barnes v. Yahoo Opinion [12]
Details

Web Site(s) Involved: 

Yahoo! Profiles [2]

Content Type: 

  • Photo
  • Text

Publication Medium: 

Social Network

Subject Area: 

  • Third-Party Content
  • Section 230
Court Information & Documents

Jurisdiction: 

  • Oregon

Source of Law: 

  • United States
  • Oregon

Court Name: 

The Circuit Court of the State of Oregon for the District of Multnomah; United States District Court for the District of Oregon; United States Court of Appeals for the Ninth Circuit

Court Type: 

Federal
State

Case Number: 

0505-05520 (Oregon Circuit Court); 6:05-cv-926 (Oregon Federal District Court); 05-36189 (Ninth Circuit)

Relevant Documents: 

PDF icon 2005-07-27-Yahoo's Motion to Dismiss.pdf [13]
PDF icon 2005-09-28-Yahoo's Reply in Support of Motion to Dismiss.pdf [14]
PDF icon 2005-11-08-Barnes v. Yahoo District Court Opinion.pdf [15]
PDF icon 2005-06-23-Yahoo's Notice of Removal.pdf [16]
PDF icon 2009-05-07-Appellate Decision in Barnes v. Yahoo.pdf [17]
PDF icon 2009-05-21-Brief of Amici Curiae in Support of Yahoo Petition for Rehearing.pdf [18]
PDF icon 2009-05-29-Yahoo! Petition for Rehearing.pdf [19]
PDF icon 2009-06-22-Amended Appellate Decision in Barnes v. Yahoo.pdf [20]
PDF icon 2009-12-08-Barnes v. Yahoo Decision After Remand.pdf [21]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Couldn't locate Barnes' opposition to Yahoo's motion to dismiss on PACER or elsewhere online.  Seems not to be available in digital form for some reason.{Reed}

Source: David

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Source URL (modified on 08/20/2014 - 11:08pm): https://www.dmlp.org/threats/barnes-v-yahoo

Links
[1] https://www.dmlp.org/threats/barnes-v-yahoo
[2] http://profiles.yahoo.com/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2009-05-21-Brief%20of%20Amici%20Curiae%20in%20Support%20of%20Yahoo%20Petition%20for%20Rehearing.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2009-12-08-Barnes v. Yahoo Decision After Remand.pdf
[5] http://www.internetlibrary.com/cases/lib_case411.cfm
[6] http://news.softpedia.com/news/Woman-sues-Yahoo-because-of-nude-photos-posted-online-2346.shtml
[7] https://www.dmlp.org/blog/2009/barnes-v-yahoo-section-230-does-not-insulate-online-service-provider-from-contractual-liab
[8] http://blog.ericgoldman.org/archives/2009/05/ninth_circuit_m.htm
[9] http://pubcit.typepad.com/clpblog/2009/05/can-a-section-230-immunity-defense-be-raised-on-a-motion-to-dismiss.html
[10] http://www.concurringopinions.com/archives/2009/05/barnes-v-yahoo-cda-immunity-and-promissory-estoppel.html
[11] http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000002430
[12] http://blog.ericgoldman.org/archives/2009/06/ninth_circuit_h.htm
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-07-27-Yahoo%27s%20Motion%20to%20Dismiss.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-09-28-Yahoo%27s%20Reply%20in%20Support%20of%20Motion%20to%20Dismiss.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-11-08-Barnes%20v.%20Yahoo%20District%20Court%20Opinion.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-06-23-Yahoo%27s%20Notice%20of%20Removal.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-05-07-Appellate%20Decision%20in%20Barnes%20v.%20Yahoo.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-05-21-Brief%20of%20Amici%20Curiae%20in%20Support%20of%20Yahoo%20Petition%20for%20Rehearing.pdf
[19] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-05-29-Yahoo%21%20Petition%20for%20Rehearing.pdf
[20] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-06-22-Amended%20Appellate%20Decision%20in%20Barnes%20v.%20Yahoo.pdf
[21] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-08-Barnes%20v.%20Yahoo%20Decision%20After%20Remand.pdf