Cubby Inc v CompuServe Inc: 1991

(United States) Leisure DJ said: ‘CompuServe develops and provides computer-related products and services, including CompuServe Information Service (‘CIS’), an on-line general information service or ‘electronic library’ that subscribers may access from a personal computer or terminal. Subscribers to CIS pay a membership fee and on-line time usage fees, in return for which they have access to the thousands of information sources available on CIS. Subscribers may also obtain access to over 150 special interest ‘forums’ which are comprised of electronic bulletin boards, interactive on-line conferences, and topical databases.
One forum available is the Journalism Forum, which focuses on the journalism industry. Cameron Communications, Inc. (‘CCI’), which is independent of CompuServe, has contracted to ‘manage, review, create, delete, edit and otherwise control the contents’ of the Journalism Forum ‘in accordance with editorial and technical standards and conventions of style as established by CompuServe’
References: (1991) 776 FS Supp 135
Judges: Leisure DJ
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Godfrey v Demon Internet Limited QBD 26-Mar-1999
    An Internet Service Provider who was re-distributing Usenet postings it had received, to its users in general, remained a publisher at common law, even though he was not such within the definitions of the Act, and it was therefore liable in . .
    (Times 20-Apr-99, Gazette 07-Jul-99, , [1999] EWHC QB 244, [1999] 4 All ER 342, [1999] Masons CLR 267, [1999] ITCLR 282, [2001] QB 201, [1999] EMLR 542, [2000] 3 WLR 1020)
  • Cited – Bunt v Tilley and others QBD 10-Mar-2006
    The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had . .
    (, [2006] EWHC 407 (QB), [2007] 1 WLR 1243, [2006] EMLR 523, [2006] 3 All ER 336, [2006] EMLR 18)
  • Cited – Stratton Oakmont Inc v Prodigy Services Co 1995
    (New York) The defendant computer network company held itself out as having editorial control over notes posted on its bulletin board, imposed content guidelines on its users by prescreening notes for offensive language, and permitted board leaders . .
    ((1995) 23 Media L Rep 1794, (1995) 63 US Law Week 2765, [1995] NY Misc Lexis 229)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.277103