Hear Ye! Since 1998.
Please note: This post is at least 3 years old. Links may be broken, information may be out of date, and the views expressed in the post may no longer be held.
7
Nov 10
Sun

One very driven plaintiff

Here is a case brief for a case, Young v. Facebook, that has its origins in the following facts:

Plaintiff took offense to a certain Facebook page critical of Barack Obama and spoke out on Facebook in opposition. In response, many other Facebook users allegedly poked fun at plaintiff, sometimes using offensive Photoshopped versions of her profile picture. She felt harassed.

But maybe that harassment went both ways. Plaintiff eventually got kicked off of Facebook because she allegedly harassed other users, doing things like sending friend requests to people she did not know.

When Facebook refused to reactivate plaintiff’s account (even after she drove from her home in Maryland to Facebook’s California offices twice), she sued.

Twice. That’s over 15,000km of driving. If I had no other facts apart from the above, I would put money on the defendant winning. And of course, it did.

Most of the claims made by the plaintiff are pretty wild, but the case does have some interesting remarks which have implications for terms of use and especially those which purport to give service providers the right to terminate service for any reason (California law implies a duty of good faith and fair dealing into contracts).

  12:39pm  •  Law  •   •  Tweet This  •  Add a comment