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Can Blockbuster be Sued Over Facebook/Beacon?
An anonymous reader writes "A professor at the New York Law School is arguing that Blockbuster violated the Video Privacy Protection Act of 1988 when movie choices that Facebook members made on its Web site were made available to other members of the social network via Beacon. The law basically prohibits video rental outfits from disclosing rental choice of their customers to anyone else without specific written consent. Facebook's legal liability in all of this is unclear; with Blockbuster it's a straightforward case of not complying with the VPPA, the law professor says."
What exactly has changed since 1988 that should make this law different?
If the law says that this information must be kept private, the internet and computers don't make it any less private.
Rather, the newfound popularity of the internet and computers should make privacy even more important, because once information is released, it spreads far more quickly and easily.
The issue is that facebook opts int by default, doesn't fucking tell you, then makes it's it unclear on how you disable the "feature"
You mad
.. except there is mountains of case law that says otherwise: that EULAs are, in essence, only marginally enforceable.
This being in some hidden Facebook EULA, or on some 'policy page' for Blockbuster does not mean "the user notifies us in writing". That has specific legal meaning: if they don't have a SIGNED PIECE OF PAPER with the words "I allow you do release my video rental records", they don't have notification in writing of permission.
All this is irrelevant, anyway: the worst that's likely to happen here is some states' attorney general will file a lawsuit, get it certified as "class action", and Blockbuster will settle out-of-court and pay some piddly fine + attorney's fees and send everybody who asks a $5 for free rentals. Big deal.
I don't have a problem with Company X choosing not to produce Movie Y because they don't see commercial potential. Studios have to make those decisions all the time (and bad business decisions are inevitable). After all, they have to put up a lot of resources to get a movie made. But if Movie Y does get made, and Company Z, that is in the mainstream movie rental business, refuses to make that movie available to its customers, only to appease some rabid bunch of loonies, then I have a problem with Company Z. I can also understand it if Movie Y is in some niche market that Company Z doesn't play in. It's the caving in to special interest threats like these that I don't like (this holds, whether or not I had any interest in seeing Movie Y).
But, I wanted socialized health insurance!