Federal Court: Whether UGC Trumps CDA Is a Jury Question
A recent ruling by a U.S. District Judge for the District of Connecticut suggests that a Web site operator may not be entitled to immunity under Section 230 of the Communications Decency Act (”CDA”) when hosting certain user generated content. It’s an important decision for any advertiser that solicits creative work from its customers.
This dispute centered on an advertising campaign created by Quiznos to highlight the differences between its sandwiches and Subway sandwiches. After launching a television ad campaign, Quiznos partnered with iFilm on an Internet contest called the “Quiznos v. Subway TV Ad Challenge.” Quiznos asked entrants to create videos showing “why you think Quiznos is better.” Quiznos and iFilm posted sample videos on the contest site, as well as contestant videos.
Federal Court: Whether UGC Trumps CDA Is a Jury Question