Kevin Cammarata’s lawsuit against redtube.com, a popular ‘tube’ site, and its advertisers, was dismissed, and that dismissal was recently upheld by the California Court of Appeals. In addition, the court determined the suit to be an illegal SLAPP Suit, and awarded attorneys fees.
The the operation of a tube site was described as “conduct of placing speech on the Internet where it can be viewed for free by the public.” The court rejected any claims of predatory business practices, and noted:
We reject Cammarata’s argument that his causes of action arise from [Redtube.com’s] predatory pricing, not its speech, because here the product being priced is speech.” See, Xbiz.com, Appeals Court Rules Against Cammarata in RedTube Case,
The ruling is important in the continuing development of the law surrounding user generated content website operation. The utility of sites such as forum for expression of protected speech cannot be underestimated. Hopefully the courts will continue to afford legal protection for this business model, and dismiss ill-conceived lawsuits, brought against online service providers operating venues for expressive activities.