October 2013

User Generated Content Liability

CHAOS Tuesday: Conversations in CHAOS – #25; User Generated Content Liability Any website that allows third-party or “user generated content” has to be concerned about liability.  In this show the CHAOS Team and our special guest, Lee Gesmer, partner of the Gesmer Updegrove LLP discuss user generated content liability. This is a big topic with many overlapping laws.  Today we are going to focus on Section 230 of the Communications Decency Act, the CDA.  This law protects websites from liability for postings that contain defamation, misrepresentations, unfair competition and a host of other possible claims.  Sites affected range from Amazon and the New York Times down to a company message board and individual blogs that allow comments. In this program we explore:

  • Overview of CDA
  • How CDA applies to bloggers
  • What areas of liability does CDA cover
  • What areas of liability does CDA not cover
  • Examples of CDA Cases

Part of CHAOS Tuesday: looks at CDA resources.

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Lee Gesmer

Lee Gesmer is a founding partner of the Boston law firm Gesmer Updegrove LLP. The firm, which employees 50 lawyers and support staff, was formed in 1986. Since then it has become one of New England’s leading technology law firms, representing hundreds of institutions ranging from large organizations, such as Harvard University, The Linux Foundation and ThermoFisher Scientific, to hundreds of small and mid-sized emerging companies.



Jim Johnson

Jim Johnson is the founder and chairman of The Standish Group. He has been professionally involved in the computer industry for over 40 years and has a long list of published books, papers, articles and speeches. He has a combination of technical, marketing, and research achievements focused on mission-critical applications and technology. He is best known for his research on project performance and early recognizing technology trends. Jim is a pioneer of modern research techniques and continues to advance in the research industry through case-based analytical technology.


Robert Kelley

Robert Kelley is a senior professional with experience in IT from start-ups and Fortune 200 companies. Mr. Kelley has much experience with SAP and Oracle, especially in FDA compliance and governance.


Rick Brutti

Rick Brutti has more than 30 years as an entrepreneur and business consultant, assisting companies in raising capital and financial management.


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