The Florida lawyer sent me a copy of the judge's decision on the "motion for judgment on the pleadings" ( which was an attempt by AirBnb to prove that there was no material issues to be resolved and that the plaintiff was out of his mind. ABB failed in his attempt ) . So it is not the actual judgment of the case.
I don't know anything about US legal proceedings so whole chuncks of the decision, including its greater wisdom, evade me.
However there are many interesting points. The florida condo sued Air Bnb for
1-tortious interference with owner's lease contract with the condo
2-intentional interference with prospective economic advantage
3- trespass and aiding and abetting with trespass of AIRbnb travellers in the condo
4- Deceptive and unfair trade practices
So this is a typical property management suit against AirBnb allowing all sorts of tourists to disrupt the quietness of the neighborhood. It was filed with the Business Litigation Division
While points 1, 2 and 3 above address issues which only concern multiproperty management, point 4 will be of interest to everybody on this community. Unfortunately given the nature of the judge's decision there isn't much elaboration in this respect in the document at hand. We'll have to wait for the real case to pass before the court.
Nevertheless, here are a few jewels, either from the judge or from the plaintiffs (since the judge sided with the latter):
-AirBnb is not simply a pass-through platform . It materially contributes to the content posted in their listings and are involved in every step of the rental process ( a list of around 20 points in which AirBnb assists the owner is included )
-So the "absolute and complete immunity" conferred to internet access providers (" interactive computer service" is the legal expression ) under the Communication Decency Act does not apply to AIRbnb contrary to the Defendant's statement. The question at stake is whether Airbnb creates the content of the information published, or it simply publishes the content provided by third parties. At this stage AirBnb played on words stating that " the Hosts alone .....controls the terms and content of their listing " which is factually true, but a very limited view of the global picture. Judge replied a website cannot be immune where it contributes materially to the alleged illegality of the conduct.AirBnb is not passive and seeks to increase illegal vacation rentals in many ways.
Regarding point 4 above, owners allege AirBnb intentionally designed its business model to invade private property rights, interfere with hosts-guests contracts, and FORCE PROPERTY OWNERS INTO SUBMISSION. Property managers assert they will prove the deceptive and unfair business conduct by showing that AirBnb intentionally built a "cornerstone of their business" on their "invasion of property rights" , deceiving tourists and causing owners to lose control of their properties etc etc
I'd be glad to watch / read the next episode of this promising series.
