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Civil Litigation

Nov. 11, 2011

Repose in cyberspace: the single publication rule online

It may be up to the Legislature to offer Internet publishers some peace of mind when it comes to republishing online content.

Andrew J. Thomas

Partner, Jenner & Block LLP

Phone: (213) 239-5100

Email: ajthomas@jenner.com

Harvard Univ Law School; Cambridge MA

Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.

CONTENT MATTERS

The last installment of this column addressed one major limitation on the common law rule that any repetition of a libel is actionable - namely, the immunity provided to Internet publishers by Section 230 of the Communications Decency Act. There is another important such limitation to consider - the single publication rule. But in this case, uncertainty about how the rule applies to Internet publications may unnecessarily inh...

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