Pallorium, Inc. v. Jared
Appellant appeals from a judgment entered after a bench trial in which the trial court found Stephen J. Jared, doing business as Osirusoft Research and Engineering (Jared), was immune from liability pursuant to two provisions of the federal Communications Decency Act (the Act), title 47 United States Code section 230 (section 230). Jared developed a filter using open relay data to block unsolicited commercial e
_mail from coming to his servers and network system. Jared made his filter and open relay database available at no cost through his Web site. At some point, Pallorium's Internet protocol (IP) address was listed on Jared's database as an open relay, which identified it as an IP address through which people could anonymously send unsolicited commercial e
_mail.
Appellant sued Jared for negligence, negligent and intentional interference with economic advantage and prospective economic advantage, and unfair business practices. Appellant argues the trial court erroneously allowed Jared to amend his answer to include the immunity defense, denied its right to a jury trial, and found Jared immune. Because court find Jared immune from liability pursuant to one provision of the Act, court not address his claims regarding the other provision and the denial of his right to a jury trial. Court affirm the judgment.
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