What are the most important legal precedents anyone invested in UGC should be aware of?
There are two federal statutes that dominate the discussion. 47 USC 230, passed as part of the Communications Decency Act in 1996, provides online game providers with a very expansive immunization from liability for user content or actions. In effect, the statute says that a website isn’t liable for user content, PERIOD. This statute has been interpreted very broadly, and plaintiffs have a very difficult time establishing legal workarounds to impose liability. As a practical consequence of this statute, game providers have a lot less liability for user content or actions than they typically fear. 47 USC 230 does not immunize game providers against possible liability for user violations of federal intellectual property, federal criminal laws or the Electronic Communication Privacy Act. Therefore, it’s not a complete solution, and other risk management strategies are required. Specifically, as part of the Digital Millennium Copyright Act in 1998, Congress enacted a separate statutory saf
