Yahoo wins round in Oregon nude photo court battle, not liable for third-party posting

By AP
Monday, May 11, 2009

Yahoo wins round in Oregon nude photo court battle

PORTLAND, Ore. — Yahoo has won a legal battle over removing nude photos that an Oregon woman claimed her boyfriend posted on its Web site without her knowledge or permission.

The 9th U.S. Circuit Court of Appeals reaffirms that Internet service providers such as Yahoo Inc. are generally protected from liability for materials published or posted on their sites by outside parties.

Cecilia Barnes had filed a lawsuit in 2005 in Portland, Ore., claiming her boyfriend not only posted nude photos, but also created a fraudulent profile and posed as her in an online chat room to solicit sex.

Although the court says Yahoo isn’t liable for those actions, it left open the possibility that Barnes could sue Yahoo over whether it had promised to remove the photos and the profile.

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