Judge Sparks Dismisses Case Against MySpace

Austin-based U.S. District Judge Sam Sparks granted MySpace.com’s Motion to Dismiss a number of claims brought by the family of a 14-year-old girl who was allegedly sexually assaulted by a 19-year-old she met on MySpace.com. Both the criminal prosecution of the 19-year-old and the civil suit against MySpace have garnered lots of attention both locally and nationally. The plaintiff in the civil case sought to apply duties developed in premises liability law to the internet; the plaintiff, if successful, would have had website owners and operators owe web surfers the same duties a landowner owes to invitees. Judge Sparks, in dismissing the case, noted that the application of premises liability law to the internet “would of course stop MySpace’s business in its tracks and close this avenue of communication, which Congress in its wisdom has decided to protect.” A website, in other words, is not a “virtual premises.”

Howard Bashman posts a nice summary of the press coverage, including a link to the .pdf of Judge Sparks’ order, here.

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