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Does the CDA Bar State IP Claims?

By Alan L. Friel and Jesse M. Brody

This is Part Two of a two-part article. Part One was published in the March issue of Entertainment Law & Finance.

It is clear that there is no immunity under the Communications Decency Act of 1996 (CDA), 47 U.S.C. '230 (available online at http://bit.ly/ucKA3h), for copyright, patent and trademark law. And while the Digital Millennium Copyright Act of 1998 (DMCA) provides potential safe harbors for monetary damages in copyright infringement claims resulting from user-generated content (UGC) stored at the direction of users on a sponsor's sites or servers, there is simply no safe harbor or immunity for online publishers for patent and trademark claims.

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