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News Corp.'s MySpace Wins Dismissal of Predator Suit (Update1)

By Laurel Brubaker Calkins

Feb. 15 (Bloomberg) -- News Corp.'s MySpace Inc., operator of the social-networking Web site, won dismissal of a lawsuit that accused it of failing to protect underage users from sexual predators.

``MySpace had no duty to protect'' a 15-year-old Texas girl who was attacked last year by a man she met through the Web site, U.S. District Judge Sam Sparks ruled Feb. 13 in Austin. ``If anyone had a duty to protect Julie Doe, it was her parents, not MySpace.''

MySpace is covered by a 1996 federal law that was intended to foster free communication on the Internet, Sparks said in throwing out claims of fraud, negligence and misrepresentation. MySpace faces similar lawsuits from families from New York, Pennsylvania and South Carolina who say the company hasn't done enough to police the Web site.

``Not only have families taken issue with MySpace, but 33 state attorneys general are after MySpace to make similar changes,'' Jason Itkin, the lawyer for the Texas girl, said today in an interview. ``This is not the end of the litigation, but an opening round.''

Social-networking sites such as MySpace and Facebook attract more than half of U.S. teenagers who use the Internet, based on a survey by the Pew Internet & American Life Project, a nonprofit group in Washington. About one in seven young people who go online is approached or solicited for sex, the National Center for Missing and Exploited Children estimates.

`Landmark Precedent'

``The ruling is a landmark precedent for MySpace and the Internet industry at large,'' Ellen Agress, News Corp. senior vice president and deputy general counsel, said today in an e-mailed statement. ``The judge's ruling is a clear-cut and powerful message that Web safety is a shared responsibility and industry, law enforcement, educators, users and their parents all need to play a role.''

News Corp., the New York-based media company controlled by billionaire Rupert Murdoch, bought MySpace.com operator Intermix Media Inc. in September 2005 for $580 million. Murdoch said at the time that MySpace would bolster News Corp.'s plan to increase Internet sales because it targets the same teens and young adults as the company's Fox movies, television shows and sports channels.

Class A shares of News Corp. fell 5 cents to $23.50 in New York Stock Exchange composite trading at 4:25 p.m. They have climbed 46 percent in the past year.

Other Lawsuits

In a separate lawsuit filed Jan. 18, lawyers said a 15- year-old Pennsylvania girl was lured to a meeting by a MySpace user, kidnapped and sexually assaulted. Lawyers also claimed a 14-year-old New York girl was given drugs and alcohol and assaulted by a user and his friend, and two South Carolina sisters were raped by MySpace users.

In each case, the men responsible were either in prison, awaiting trial or facing prosecution, the law firms said.

MySpace's Web site says users must be at least 14 to join and any who are under 18 and misrepresent their age can have their accounts deleted.

The case is Jane Doe v. MySpace Inc., 1:06-cv-00983-SS, U.S. District Court, Western District of Texas.

To contact the reporter on this story: Laurel Brubaker Calkins in Houston at laurel@calkins.us.com.

Last Updated: February 15, 2007 16:58 EST

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