Sturm v. eBay [1] SummaryThreat Type: LawsuitDate: 02/14/2006Status: ConcludedDisposition: Dismissed (total)Material RemovedLocation: California Verdict or Settlement Amount: N/ALegal Claims: Defamation Kiel J. Sturm sued eBay, Inc. for defamation after it refused to remove a comment critical of him left by a buyer, even after he obtained a court order ruling that the comment was defamatory. According to articles in the San... read full description PartiesParty Receiving Legal Threat: eBay, Inc.Type of Party: IndividualType of Party: Large OrganizationLocation of Party: CaliforniaLocation of Party: CaliforniaLegal Counsel: Melina K. Patterson - Cooley Godward LLP Description Kiel J. Sturm sued eBay, Inc. for defamation after it refused to remove a comment critical of him left by a buyer, even after he obtained a court order ruling that the comment was defamatory. According to articles in the San Jose Mercury News [2] and Yahoo! Tech [3], Sturm initially sued the person responsible for the comment in small claims court. After settling the matter, both parties sent a letter to eBay requesting that the comment be removed. eBay responded that it required a court order stating that the comment was defamatory, so Sturm re-sued the buyer to get such an order. When he presented it to eBay, however, eBay refused once again to remove the offending comment, stating that the court order contained "too many ambiguities." At that point, Sturm sued eBay directly. According to Eric Goldman at the Technology & Marketing Law Blog [4], the court dismissed the case on July 27, 2006, finding that Section 230 of the Communications Decency Act ("Section 230") provided eBay with immunity from liability for the buyer's comments. According to the Mercury News article [2], eBay eventually removed the offending comment. Related Links: San Jose Mercury News: EBay lawsuit reveals foibles of site feedback [2] Yahoo! Tech: Much Ado About Nothing: Defamatory eBay Comments Can Be Hellacious [3] Technology & Marketing Law Blog: eBay Not Liable for Defamatory Feedback -- Sturm v. eBay [4] DetailsWeb Site(s) Involved: www.ebay.com [5] Content Type: TextPublication Medium: WebsiteSubject Area: DefamationThird-Party ContentSection 230Consumer Ratings and ReviewsUser Comments or Submissions Court Information & DocumentsJurisdiction: CaliforniaSource of Law: CaliforniaCourt Name: California Superior Court, Santa Clara countyCourt Type: StateCase Number: 1-06-CV-057926 CMLP Information (Private)CMLP Notes: Cannot find the opinion anywhere; links on Eric Goldman's blog post are dead, and Patterson (eBay's lawyer) is no longer with Cooley (LB 08/07/2009)