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Facebook-Deprived Man Sues For $500K

broggyr writes "According to a story from MSNBC: 'For Mustafa Fteja, Facebook is more than just a hobby. It's the main way the 30-year-old Albanian native has stayed in touch with friends and family all over the world for three years, and when he was inexplicably cut off from it, he did what every other person in this country seems to do when they're mad enough: he sued. In seeking $500,000, Fteja is suing Facebook for disabling his account, in which he had about 340 friends and family and had spent "timeless hours creating content and relationships [Facebook] benefited from," the suit contends. He wants it back on, and he wants the company to pay for the damage of alienating him from his family and friends (about $1500 per friend/family).' Must be nice when you can use a free site and expect to get paid when they cut you off."

259 comments

  1. Is it free by Anonymous Coward · · Score: 4, Insightful

    Considering you are required to give up your rights to any information posted on Facebook, does that not indicate you are in fact paying a fee for using it? It might not be a monetary fee, but a fee none the less.

    1. Re:Is it free by Anrego · · Score: 1

      Sure, but when you sign those terms I assume you also agree that they can kill your account for any time for any reason (I've never read them as I don't use facebook, but this seems a pretty standard "cover your ass" clause in most TOS).

    2. Re:Is it free by Lumpy · · Score: 1

      TOS is as enforceable as a EULA.

      IF you have a better lawyer, then you are full of WIN!

      --
      Do not look at laser with remaining good eye.
    3. Re:Is it free by fishbowl · · Score: 1

      Those things could conceivably be consideration for a contract, if only the other elements of a contract were present.

      --
      -fb Everything not expressly forbidden is now mandatory.
    4. Re:Is it free by Pi1grim · · Score: 2

      Guess who can afford a better lawyer? Facebook or some Joe Nolife? Especially if you take into consideration, that for Facebook it's not about $500K, it's about every two-bit slacker that has ever been banned from Facebook to get in line to get his slice of Facebook's cut. Ain't gonna happen.

    5. Re:Is it free by cayenne8 · · Score: 1
      The more basic question is...does this guy NOT have a fucking phone he can use to call his family? I hear snail mail still works...hell, good old fashioned email?!?!

      I don't have a FB account, and don't plan to get one...I mean, what's the need for it? I communicate just fine, and VERY regularlly with friends and relatives all over the US without FB. I did well in the past before FB and continue to do just fine without it...and therefore don't risk the privacy problems inherent with a FB account.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:Is it free by Yvanhoe · · Score: 1

      Who signed anything ? You clicked on a button saying "I agree" to a text full of non-enforceable clause. If I make you click a box saying "I agree to be shot at repeatedly in the action of liver harvesting" buried in a 54 clauses EULA it doesn't make you a fair target.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    7. Re:Is it free by Anonymous Coward · · Score: 0

      Damn, and in the Wikileaks/Amazon/Visa case, you were arguing that because somebody at Wikileaks had clicked on a "sign me up" button, Amazon & Visa had "contractual obligations" to provide services to Wikileaks. (over in this story about the Anonymous arrests)

      So, either signing up to use a service creates a contractual obligation or it doesn't - which is it, counselor?

    8. Re:Is it free by Americano · · Score: 1

      In fairness, "friends and relatives all over the US" are a lot easier & cheaper to call with a typical US mobile plan than "friends and family all over the world". International calling charges can be quite steep if you (or they) don't (or can't) use something like Skype.

      He had plenty of ways to contact them, but not all of them which are practical inside the US are practical when applied to a situation which involves international dialing fees.

    9. Re:Is it free by metacell · · Score: 1

      It provides a contractual obligation for the one who advertises the service and formulates the service agreement. Since Amazon/VISA have written their service agreements themselves, it's naturally harder for them to claim the terms are illegal or unfair.

      Facebook is certainly not offering a "free" service out of the goodness of their hearts. It is a mutual exchange: Facebook offers their web site without charge, and in return, their users offer their personal information without charge.

    10. Re:Is it free by gknoy · · Score: 1

      If he can use Facebook,why can't he use Skype? (Perhaps some of his family don't have phones, and/or only can use FB in internet cafes.)

    11. Re:Is it free by Stregano · · Score: 1

      If I make you click a box saying "I agree to be shot at repeatedly in the action of liver harvesting" buried in a 54 clauses EULA it doesn't make you a fair target.

      Actually, it kinda does. You should have read the EULA better

      --
      The world is how you make it
    12. Re:Is it free by Americano · · Score: 1

      He probably *could* use Skype if he really needed to get in touch with people, but I could see scenarios where it would be more difficult, more expensive, or even flat-out impossible to contact family & friends using only Skype:

      -- perhaps some of his family don't have phones, or a reliable internet connection;
      -- the time-difference between where he lives and where some of his family lives make it difficult or impossible for him to speak with them via Skype;
      -- The expense of SkypeOut credits could be a factor;

      It's likely that he *could*, but Facebook might be the cheapest/easiest/most convenient method. I'm not all that sympathetic to his lawsuit, but I would say that it'd be nice of Facebook to at least provide him with a reason for why his account was suspended, to allow him to either clear up a misunderstanding, or at least be aware of what he did that they considered a bannable offense.

    13. Re:Is it free by Khyber · · Score: 1

      "Actually, it kinda does. You should have read the EULA better"

      Actually, no it doesn't. No contract may violate law. Also, EULAs have been found null and void several times in California alone. I nullified the option of an EULA defense from Electronic Arts when I sued them over Spore's DRM.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    14. Re:Is it free by Stregano · · Score: 1

      You sued them, or you hopped into a class action law suit by purchasing it, as there is a difference there. And who says that EULA may not violate law? Why can't it? Also, my point is not the example the person gave, but the fact that maybe people should start reading EULA's instead of complaining when something is in the EULA that they did not care to read. One of the reasons why the EULA is there is for when people like you think you are too high and mighty to read it thinking "Oh, that does not apply to me, if I don't like anything in there, I will sue instead".

      Now, the EULA argument: "Well if I get to the point of reading the EULA, then if it is a physical copy of something, I can't return it if I do not agree". You are on /. and you are telling me you blindly make software purchases without reading into them, without at the very least skimming the EULA, without researching the product itself? Really? And you are a /. user.

      Look, if you are not going to research the products you buy, then you should be counter-sued by EA for lawyer fees (and I bet their lawyers are expensive too). You failed to research Spore. You failed to look into the game. You failed to read the EULA fully (I read it and it clearly states in the EULA that it does install DRM). You could have seen that, and did more research to find out what kind of DRM, find out it is a nasty DRM, and not purchase the product at all.

      I mean seriously. I am a software developer myself, and people like you need to go away or let somebody else buy software for you. Suing over the EULA when you did not do the research yourself into the product you purchased and just blindly bought it and then try to sue over it (probably just hopped into the class action suit, but even still). You are the reason why even us small time freelance developers need to lawyer up when we make software, because when you do not research the product and I make a really good mp3 player and call it a media player, you will try to sue me since even though it only plays mp3, since I called it an media player, you expected it to do video even though I state that in the EULA that this is strictly made for playing licensed mp3's.

      I can also tell from your response that it was either part of a class action or you totally failed in your attempt to sue. I have been arrested. If I leave it at that, it could be very cool. Being arrested does not mean anything. I could get arrested, and then be let go without any charges brought upon me, but it sounds pretty cool, doesn't it. Now, if I give two or three more words explaining it, like "I went to jail for assault and battery" then the cool just went up that much more. To simply say you sued them means class-action, or you lost. Either way you really did not do anything cool, so that is a pretty big fail or your part for even mentioning that. I am 100% confident if somebody personally sued EA and won over it, it would be much easier to find online and I would not have to do some insanely deep digging to find it, especially if it was for something like the DRM in Spore since the DRM in there was pretty big news.

      The moral of the story: please stop buying software and let your computer friends do it. I don't feel like dealing with the software tards who can't read EULA's that clearly explain what I am doing with software trying to knock on my door with lawsuits.

      --
      The world is how you make it
    15. Re:Is it free by cHALiTO · · Score: 1

      I think that's besides the point. A more interesting question, more or less raised in the summary is: For some time, you put effort and information into your account, generating value for facebook, which they profit from. Leaving the damages claimed ($$$) aside, don't you think the guy should be _at least_ entitled to get a zipfile with all his content, some paper saying it's permanently erased from FB servers (so he can use it in court if he ever finds out it isn't), or something like that?

      I know it's not what he's asking, but that part just got me wondering about the responsability a company like FB should assume when dealing with their users of their services (which, as pointed out above, are NOT free).

      --
      "Luck is my middle name," said Rincewind, indistinctly. "Mind you, my first name is Bad." -- Terry Pratchett
    16. Re:Is it free by Anonymous Coward · · Score: 0

      And who says that EULA may not violate law?

      Here in the more civilised part of the world, our law does.

    17. Re:Is it free by Stregano · · Score: 1

      LOL, I love how that is practically a novel and that is the only thing you grasped out of there

      --
      The world is how you make it
    18. Re:Is it free by egranlund · · Score: 1

      *claps*

    19. Re:Is it free by tm2b · · Score: 1

      It really doesn't. EULAs take place in the context of a legal system - google "contract unconscionable."

      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    20. Re:Is it free by dave87656 · · Score: 1

      Agreed. Facebook benefits from your presence and your information. In exchange for this, they offer services.

      If they cut off that service without a valid reason, they have breeched their end of the contract. I suppose they do have the right to so what they want within the terms of the agreement, but a good lawyer and a sympathetic jury will have a field day with this.

      I didn't RTFA but I assume this is not that black and white. FB probably had their reasons for disabling the account.

    21. Re:Is it free by Khyber · · Score: 1

      "You sued them, or you hopped into a class action law suit by purchasing it, as there is a difference there. And who says that EULA may not violate law? Why can't it?"

      I sued them, it was all over reddit, slashdot, digg, etc. After my suit was initiated, my technical knowledge over all other plaintiffs put me as the main class representative.

      EULA may not violate laws, this has been firmly established precedent as part of contract law - you can't say in EULA "By agreeing to this, we reserve the right to kidnap your children at any time we see fit" as that's ILLEGAL.

      "Look, if you are not going to research the products you buy, then you should be counter-sued by EA for lawyer fees (and I bet their lawyers are expensive too). You failed to research Spore. You failed to look into the game. You failed to read the EULA fully (I read it and it clearly states in the EULA that it does install DRM). You could have seen that, and did more research to find out what kind of DRM, find out it is a nasty DRM, and not purchase the product at all. "

      I researched the product. I knew about the DRM. What I did not count upon was the DRM DESTROYING my graphics card. As soon as Spore: Creature Creator was installed, my GPU (even after fresh format and reinstall of windows and drivers) would NOT see any aspect besides 4:3 (thus forcing me to render 1600x1200 on my 32" 16:9 monitor.)

      Bet you feel really stupid right now. Hold on, I'm not finished, yet, son.

      "I mean seriously. I am a software developer myself, and people like you need to go away or let somebody else buy software for you. Suing over the EULA when you did not do the research yourself into the product you purchased and just blindly bought it and then try to sue over it (probably just hopped into the class action suit, but even still)."

      Seriously, I'm a research director, and people like you just need to shut up with your wild baseless assumptions and ignorance. You don't even have ANY facts and you're making assumptions that are simply not true, and making yourself look like an absolute ass in the process.

      "I can also tell from your response that it was either part of a class action or you totally failed in your attempt to sue."

      Nope, I won, they settled before I could get the dangerous court precedent set. FAT check, was more than enough to help start my current business. Look at who still hasn't done any research, at ALL.

      The moral of the story: you're too stupid to even be talking. I feel sorry for whichever company you're developing software for, and I pray they find you out fast and drop you like a rock.

      Also - I program - raw ASM across three different architectures (ARM, x86, DEC Alpha) - are you even on my level?

      Probably not - I design automated food production systems. You're just designing toys.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  2. De-ja-vu by Anrego · · Score: 3

    Hasn’t this been tried with google?

    No matter how engrained a free service becomes in your life, unless you have a contract with the provider I can’t see how you are in any way entitled to damages when it’s taken away from you.

    And at least in the google case I can sympathize. I still think google has the right to do so, but I can feel for the small business that suddenly loses it’s income stream because google lowers their rank. This is a social networking site... get a grip and/or a life.

    1. Re:De-ja-vu by tompaulco · · Score: 1

      You are absolutely correct. In fact, even of the services you pay for, you cannot sue them if they don't provide you the service. If the electric company decides not to provide you with service, you cannot sue them, nor can you sue your gas provider, your mobile phone service provider, your broadband provider, or your cable provider. Read the fine print in your contract. You are obligated to pay them every month, but if they do not provide you the service you paid for, then you are just out of luck.

      --
      If you are not allowed to question your government then the government has answered your question.
    2. Re:De-ja-vu by Peach+Rings · · Score: 4, Informative

      Even if you don't pay your gas bill at all in many states they can't cut you off in winter. Many water utilities can't cut off your water ever.

    3. Re:De-ja-vu by corbettw · · Score: 2

      You are obligated to pay them every month, but if they do not provide you the service you paid for, then you can call your state's public utility commission, board of trade, state AG, or even the FTC, depending on type of company, and report them for non-delivery of service.

      FTFY. Just because you yourself can't sue someone doesn't mean there isn't someone out there with an awfully big stick who can play whack-a-provider if they don't honor their contracts.

      --
      God invented whiskey so the Irish would not rule the world.
    4. Re:De-ja-vu by Pi1grim · · Score: 1

      Please tell me you're not comparing Facebook to water or gas providers? It's a social netword for crying out loud.

    5. Re:De-ja-vu by Bill_the_Engineer · · Score: 1

      IANAL

      Paid services, especially utilities, are a different matter. If you experience an unintentional disruption of service like a car hits a power pole, then your electric company usually isn't liable. However, if the electric company disconnects your service without going through the proper procedure then they can be liable.

      Many years back, the southern company (The extra-large regional power company in the southeast US) actually reimbursed me for food spoilage from a power disruption that they caused. I've since forgotten the details. Screw ups do happen, and my utility company made claim forms available and made things right.

      Comcast, my cable provider, credited my account for the duration of the outage when a tree knocked down the cable connecting the utility pole and my house because they couldn't get a repair crew in my house right away (it was a major storm and outages were wide spread).

      My point being that my personal experience with my utility companies seems vastly different from what you are trying to sell.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    6. Re:De-ja-vu by yotto · · Score: 1

      Whoever brought up utilities first used them as an example of something that was far more important that Facebook, that you still can't sue if you lose.

      So while they were technically comparing them, it was like comparing the mass of an atom to the mass of the Sun.

    7. Re:De-ja-vu by RussellSHarris · · Score: 1

      Oh really?

      In three states, there is a provision called the "Cold Weather Rule." In Minnesota, Missouri, and Kansas, the power company cannot turn off the heat to a home under certain circumstances. For instance, in Minnesota, homeowners are protected from heat shut off from October 15-April 15 each year. In Missouri, the heat can not be turned off if the temperature is forecasted to drop below 32 degrees. In 2009, the Kansas Cold Weather Rule when into effect for the period of November 1-March 31. There are also some regulations in New York City that may prohibit shut off of heating during the cold weather months.

      http://commonlaw.findlaw.com/2010/01/what-to-do-when-the-cold-snap-is-on-but-heat-is-off.html

      Care to hazard a guess what happens if the power co. shuts off an elderly shut-in's heat during the winter and they freeze to death?

    8. Re:De-ja-vu by tkprit · · Score: 1

      I've never RTFC (lol, 'contract'), but when we've lost power, telephone, and/or internet, we've always gotten a deduction on our bill. It might just be friendly cust. svc., of course, but I think they DO have to provide your service. (Virginia)

    9. Re:De-ja-vu by RanchNachos · · Score: 1

      I would think it's more than 3 states...
      Xcel Energy is my energy provider (western Wisconsin) and they have that same rule, more or less...

      From November 1 till April 15 they can't shut us off. They can send all the disconnect notices they want and we still get power. Now come April if we still haven't paid past dues... the power can be shut off and the bill just sent to collections.

      http://psc.wi.gov/thelibrary/publications/general/consumer04.pdf

    10. Re:De-ja-vu by DrXym · · Score: 1
      No matter how engrained a free service becomes in your life, unless you have a contract with the provider I can’t see how you are in any way entitled to damages when it’s taken away from you.

      It's not even like it's taken away from him forever. 10 minutes would be enough to roll a new account. Then he can put the word out his old account was locked and can people refriend him again. Chances are he could rebuild most of his network up in the space of a day or two. Or politely going through whatever FB appeals process exists would do the same.

      Hardly the end of the world by any stretch. Of course I wonder why Facebook booted him. I expect someone complained about him. Perhaps he was so obsessive about the service that he did something to justify getting booted, such as stalking people or spamming them with useless messages.

    11. Re:De-ja-vu by Anonymous Coward · · Score: 0

      Of course I wonder why Facebook booted him.

      Probably because his name is Fteja.

      I mean, really.

      Nobody has a name like Fteja. It's obviously a fake account.

      I wish I was kidding... I'm not kidding. That's exactly how Facebook operates.

    12. Re:De-ja-vu by JWSmythe · · Score: 1

          Shhh, the Facebook kids don't like being told that Facebook isn't an essential part of their lives.

      --
      Serious? Seriousness is well above my pay grade.
    13. Re:De-ja-vu by Anonymous Coward · · Score: 0

      As I recall from my my old West Publishing Co. Contracts in a Nutshell, a "contract" doesn't have to be in writing. It can be an action that implies an offer an an acceptance. It can be a handshake. If I go into a grocery store, pick up a candy bar, put down a dollar, and eat the candy bar, that's a contract.

      In the U.S., a lot of the rights and obligation of the contract depend on the state law.

      There is a legal concept called "reasonable reliance." If you give me reason to rely on you doing something, and I act while relying on you, and you kow it, then I have a legal right to expect you to continue to do it, and you can be held legally liable if you don't.

      For example, if I build a driveway between our houses, and you watch me build it and don't object, and then you pull out a map that you had all along that shows my driveway is on your property, you might be liable for my efforts in building your driveway.

      One case in my legal textbooks was about a petroleum company that, as a promotional and educational effort, gave science teachers free cases of bottles containing different liquids labeled as different petroleum derivatives. A science teacher was looking for kerosine in which to store sodium, so he took out the bottle marked "kerosine," and poured it on the sodium. It turned out to actually be water, he had an explosion and was injured. The petroleum company argued that since they gave it to him free, they had no responsibility for any injury he got from it. The courts decided that the petroleum company was responsible.

      I think that somebody who set up a Facebook page, put a lot of work into it, and depends on it, he might be able to establish a case of reasonable reliance. Many of the free services we use are becoming indispensible, and a jury might decide that it's unfair for them to cut him off arbitrarily. Nothing like a $500,000 lawsuit to get somebody's attention.

    14. Re:De-ja-vu by omglolbah · · Score: 1

      Not the case here in Norway luckily ;)

      If they dont provide the service you paid for you get your money back.

      Yay for consumer protection laws :D

    15. Re:De-ja-vu by Firethorn · · Score: 1

      Bad publicity?

      Actually, there's a far more pragmatic reason for those laws - if the temperature drops below freezing and a home that isn't winterized isn't heated, the pipes could freeze and burst, causing far more damage than what a few hundred to low thousands of dollars of electricity would cost.

      Ergo, it's actually better for the power companies to put a lien on the house rather than cut off electricity in freezing temperatures. It's better for the bank that owns the note, the insurance company that would have to pay for the repairs, it's even probably better for the electric company in the end(more likely to be able to get the money from a lien for a house without burst pipes).

      --
      I don't read AC A human right
    16. Re:De-ja-vu by RussellSHarris · · Score: 1

      Bad publicity?

      Bzzz. The correct answer was, "a lawsuit".

      And in some states, possible legal liability (in more than three states, too, I'm sure - I don't know why the source I found seemed to imply that only those three states have legislation on the books to protect people from this; maybe they really don't, but even so it's just begging for a lawsuit to convince the other states to write a law about it).

      there's a far more pragmatic reason for those laws - if the temperature drops below freezing and a home that isn't winterized isn't heated, the pipes could freeze and burst

      While that's true, it isn't the reason for those laws. They specifically exclude, for example, unoccupied houses.

      Anyway, why should the government give a flying crap about possible damage to the house due to pipes bursting, etc.? That's for the insurance companies to battle out with the utilities...

    17. Re:De-ja-vu by OrangeTide · · Score: 1

      but if they do not provide you the service you paid for, then you are just out of luck.

      This is precisely when you can successfully sue someone and it falls into contract law, even if it isn't written down as a formal contract.
      You can also ask for anything you want when you take it to court, but you may get substantially less.

      If my ISP went down for 2 weeks, and did not refund me for the 2 weeks of service after being asked to rectify the situation, then yes I could propose a $1m in damages and fill out all the paperwork. And when I won, I would be awarded 2 weeks of services plus court fees (if I'm lucky)

      --
      “Common sense is not so common.” — Voltaire
    18. Re:De-ja-vu by Anonymous Coward · · Score: 0

      In many places you can't kick maniacs from your own home during the winter. It's simply illegal to kick anyone out of any home during winter even if they're sadistic killers. You can ask them to leave but you can't fight them and you can't kick them out. You can just call the police and wait. If that person took over your home (eg, while you were sleeping) then you have to wait until spring to kick that person out. No judge can throw a person in the street during winter in many countries.

    19. Re:De-ja-vu by BKX · · Score: 1

      This is why I love Michigan. While you can't kick squatters to the curb without an eviction (at least 45 days to get all that done), home invaders can be killed with whatever's convenient, so long as you kill them before they get a chance to leave.

    20. Re:De-ja-vu by Anonymous Coward · · Score: 0

      My point being that my personal experience with my utility companies seems vastly different from what you are trying to sell.

      I think he's talking only about lawsuits. You can't really sue and demand damages if you don't have access to the Internet for an entire day. Well you can always try to sue, and you can win in some special circumstances (e.g. your ISP provides Internet access only 10 days a month and makes no effort to provide decent service)

      What you're talking about is "You're telling me you can't provide service the whole day, so could you give me a $2 refund out of my monthly $60 fee?". That amounts to the company not charging you for time periods when they can't provide service.

      I actually know someone who demanded a $2 refund from his ISP when they could not provide Internet access in his area for an entire day. To him it was a matter of principle. The way he put it: "at least 1000 people did not have service that day and it was the ISP's own fault. If they all asked for a $2 refund, the ISP would 'loose' $2000. If only 50 ask for a refund, it's already $100 lost for the ISP. Asking for refunds gives them the incentive to provide better service and prevent outages.

      As for the common argument "Better service means increase in prices" that some people mentioned in this thread, this is just not true. There's a point where the CEOs just have to settle for less income because if prices go up for the customer, then the customer drops out. This is especially true with ISPs because what makes the Internet so useful is the fact that almost everyone uses it. If people stop using it en mass, more will follow because less relatives to e-mail and less websites to visit = less useful Internet. When it comes to Internet service, the number of people using the service is positively correlated with the quality of the service.

    21. Re:De-ja-vu by AmiMoJo · · Score: 1

      The EU takes a different view. If you provide a service that is essential for people to live a happy life then you should expect to be required to provide it in the same way that water and electricity companies can't just cut you off. You can't simply be evicted from rented property either. There is a process that has to be followed in all these cases.

      The question then becomes is Facebook necessary for a reasonable standard of living? I suspect not, although an internet connection is fast becoming one.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  3. Strange Bias? by TaoPhoenix · · Score: 4, Interesting

    "Free as in Beer" is becoming expensive these days! If we're going to agree we're now discussing Facebook as the metagame to adapt around, then we can't just give them a free pass to boot the user but keep all his nice crispy data they gathered for their ads.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    1. Re:Strange Bias? by Lumpy · · Score: 3, Insightful

      Facebook has never been free as in beer. I have never had to give up a ton of personal info to get free beer, it's just handed to me.

      --
      Do not look at laser with remaining good eye.
    2. Re:Strange Bias? by Anonymous Coward · · Score: 0

      I agree, just because you do not pay for a service does not mean you have no rights. On the other hand, if FB "reserves right to cancel any account for any reason at any time, but we keep your data", I guess there wouldn't be much anyone can do.

    3. Re:Strange Bias? by I8TheWorm · · Score: 4, Funny

      Conversely, you've probably given up a ton of personal information after several free beers.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    4. Re:Strange Bias? by TheGratefulNet · · Score: 1

      there's an actual trade. the web is not usually 'free'. kids with nothing but time on their hands and no income think that the web is free but when you give info to the greedy '2.0 asshole webmasters' you HAVE paid for the content. you think they'd just give content away totally literally for free?

      payment is much more than cash, checks and credit cards. you pay but not in direct cash.

      but you DO give something and you get something.

      to me, that's a contract and you certainly sign agreements saying you'll 'consume' their crap and they will continue to 'get you' crap to consume.

      the way to fix this is to stop giving kids the fake impression that they can get stuff for free and it can keep going on and on that way. ALL websites that are worth anything should have micropayments (less than a penny here and there). it won't hurt us but it will ensure that we have SLA's and since we are paying, we have a RIGHT to demand better (or any!) service.

      this free shit is all fake and causing us problems. they can pull the rug out from us because, hey, its ALL FREE, right? we can change terms, track you, send your browser spam, consume your network i/o, cpu and disk and you can't say DICK about it, cause, well, we are GIVING it to you. right?

      that's a lie.

      I'd like to see 'free sites' go away someday and the system of micro or even nanopayments be put in place.

      finally an end to FORCED advertisements. stop giving the webmasters an excuse for mining your data and sending you bannerads. if you can make tiny payments, they would then have no legit leg to stand on in terms of these intrusive and invasive policies.

      the webservices-for-free scam should actually be investigated and outlawed. this is corporate abuse that is allowed to go unchecked by our lawmakers (who laugh all the way to the corporate owned banks).

      --

      --
      "It is now safe to switch off your computer."
    5. Re:Strange Bias? by Nadaka · · Score: 1

      I know several women who will give out personal information to get free beer.

    6. Re:Strange Bias? by snspdaarf · · Score: 1

      I knew a woman who would give out all kinds of things for free beer.

      Not just once, but several times!

      --
      Why, without your clothes, you're naked, Miss Dudley!
    7. Re:Strange Bias? by Anonymous Coward · · Score: 0

      I knew a couple gals that would give up a lot more than info after a few.

    8. Re:Strange Bias? by Americano · · Score: 1

      I think the person giving free beers is more interested in personal services...

    9. Re:Strange Bias? by Locke2005 · · Score: 1

      Have you tried calling the number they give out? Usually it's fake. Just sayin'...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    10. Re:Strange Bias? by Locke2005 · · Score: 1

      Hey, your mom is a nice girl... show her some respect!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    11. Re:Strange Bias? by Anonymous Coward · · Score: 0

      Free beer has rarely been truly free - as in take it away and enjoy elsewhere. You're generally expected to contribute in some way - socialising, contributing to the party atmosphere, so on and so forth.

    12. Re:Strange Bias? by AmiMoJo · · Score: 1

      You know you can always just lie on the profile. Doesn't stop FB knowing who your friends are or what interests you, but reducing their data to worthless misinformation isn't hard.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    13. Re:Strange Bias? by Anonymous Coward · · Score: 0

      I've never had to give up a ton of _accurate_ personal info to get on Facebook...

  4. You can buy friends @ five for a penny ... by tomhudson · · Score: 1

    There are plenty of sites that sell facebook friends and followers, as low as 5 for a penny. So his 350 "friends" are worth less than a buck. He'd be better off looking for spare change in the couch.

    1. Re:You can buy friends @ five for a penny ... by DeathToBill · · Score: 1

      I did this yesterday! I came up with about $0.30, €4.15 and 75p. Oh, and 20 Taiwan New Dollars. Not sure how that converts to friends, though.

      --
      Slashdot - News for Nerds, Stuff that Matters, in ISO-8859-1 Has just realised that beta makes this signature redundant
    2. Re:You can buy friends @ five for a penny ... by vegiVamp · · Score: 1

      > 20 Taiwan New Dollars

      At a rate of sucky sucky five dollal that should yield you four friends. Five if you're a good negotiator.

      --
      What a depressingly stupid machine.
  5. Hope the Counter sue for Legal Costs by Rinnon · · Score: 3, Insightful

    You still have Telephone, you still have Internet, you still have any number of ways that people can use to keep in touch. No more than 20 years ago, we didn't even have Internet as commonly as we do now. This is not a requirement for you to live. They didn't cut off your power unjustly, or even your phone line. When I read "More than just a hobby" I thought it was going to explain that he makes a living through facebook... maybe then I'd see where he's coming from. As it is, all I see is another facebook addict who feels that it's his god given right to keep up to date with his friends.

    This looks like a pretty clear cut cash grab. He says it's for "Justice" but I call bullshit on that. Justice in the amount of five hundred thousand dollars maybe. Too bad for him, I'm pretty sure there is something in the EULA that would state Facebook reserves the right to cancel your account for whatever reason they want. I don't know what this guy is expecting to have happen. In the end, frankly, I hope they counter sue for legal costs. Suing for a ridiculous reason like this shouldn't go unpunished. It's an affront to the legal system to be wasting it's time like this.

    1. Re:Hope the Counter sue for Legal Costs by Nikkos · · Score: 2

      Do you have family thousands of miles away in a foreign country? 20 years ago instead of facebook keeping you close with your family and friends, you just didn't talk/see them. Going abroad meant saying goodbye. You didn't call them but for holidays if you could even afford it - it cost anywhere from $1-5 or more a minute to call overseas. I was in Petrozavodsk Russia in 1995, at that time it cost about $2.50 a minute to speak to my family in the US.

      For most people, facebook is a unique little addition to their everyday life and a way to see what Johnny from 3rd grade is doing these days. For others, it's a lifeline to their family and culture from vast distances away. I think we need to be aware of that when we consider just how much affect the internet and facebook has had on the world.

    2. Re:Hope the Counter sue for Legal Costs by naasking · · Score: 1

      I'm pretty sure there is something in the EULA that would state Facebook reserves the right to cancel your account for whatever reason they want.

      I'm pretty sure this is where the justice comes in.

    3. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      It's FREE.... and in no way his to control. Buy a phone card you dolt!

    4. Re:Hope the Counter sue for Legal Costs by dunezone · · Score: 1

      For others, it's a lifeline to their family and culture from vast distances away. I think we need to be aware of that when we consider just how much affect the internet and facebook has had on the world.

      Great story but Facebook is a service offered for free. They don't guarantee you anything that warrants a 500k lawsuit.

    5. Re:Hope the Counter sue for Legal Costs by Rinnon · · Score: 1

      Do you have family thousands of miles away in a foreign country? 20 years ago instead of facebook keeping you close with your family and friends, you just didn't talk/see them. Going abroad meant saying goodbye. You didn't call them but for holidays if you could even afford it - it cost anywhere from $1-5 or more a minute to call overseas. I was in Petrozavodsk Russia in 1995, at that time it cost about $2.50 a minute to speak to my family in the US. For most people, facebook is a unique little addition to their everyday life and a way to see what Johnny from 3rd grade is doing these days. For others, it's a lifeline to their family and culture from vast distances away. I think we need to be aware of that when we consider just how much affect the internet and facebook has had on the world.

      I'm 100% behind the idea that The Internet needs to be a protected right. I really do think everyone who wants access to the Internet, should be provided access, and that guaranteeing access of SOME kind should be mandatory. But we're not talking about the Internet, we're talking about facebook, which is a very small part of the Internet itself. I'm not saying it's not convenient, and I'm not saying it hasn't made a lot of people's lives much easier. I'm saying it's not a god given right, and suing because it was taken away is not going to accomplish anything.

      This man still has many ways he can communicate with his family. He has Email, he has AIM/MSN/ICQ or whatever he chooses. He has Skype or any variation on these. He can start a Blog, etc. He is FAR from disconnected, and has many many ways to stay in touch. Facebook is just the one that requires the least amount of effort put forward to actually touch base with someone. It is easily the most convenient. The points you're making are all points that are valid to the Internet itself, not facebook specifically.

    6. Re:Hope the Counter sue for Legal Costs by Rinnon · · Score: 1

      I'm pretty sure there is something in the EULA that would state Facebook reserves the right to cancel your account for whatever reason they want.

      I'm pretty sure this is where the justice comes in.

      They are not like almost any business in this regard. Most businesses reserve the right to refuse service to anyone for almost any reason. Maybe that in and of itself is injust as you are suggesting. But that's a much, much bigger discussion than just this little tiff about Facebook.

    7. Re:Hope the Counter sue for Legal Costs by McTickles · · Score: 1

      EULA/TOS dont hold up in court at all. their legal value is roughly 0.

    8. Re:Hope the Counter sue for Legal Costs by phoenix321 · · Score: 1

      People did live without electricity, gas and phone lines for several millennia. Does that mean they can cut them off? And if you were provided with free gas, heating, electricity and transportation for years and then quickly cut off for no reason, you'd be troubled as well.

      City dwellers may need gas for heating and cooking more than people in rural areas, but those need their car more. And nerds need Internet access more than jocks. .
      Now, Facebook may not be the most life-critical utility to me, but the question should be "When does a nice-to-have utility become a must-have necessity and for whom and why?"

    9. Re:Hope the Counter sue for Legal Costs by swalve · · Score: 1

      The price you pay has little to do with damages. A doctor is not somehow immune to malpractice if he decides not to charge you. Damages are not just to recover what you have paid.

    10. Re:Hope the Counter sue for Legal Costs by AchilleTalon · · Score: 1

      I don't agree with you. If Facebook is to establish itself as the unavoidable social network place, it shouldn't be able to kickout anyone on an abritrarily basis or even weak basis compare to civil rights. This is somewhat equivalent to virtual emprisonment and it shouldn't be something Facebook uses at its own discretion. Otherwise, it's time to reinvent social networking.

      --
      Achille Talon
      Hop!
    11. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      Bullshit.

      Send them emails, cc each other too if you want that whole goldfish bowl vibe going on in facebook land.

      Oh wait. You did say 20 years ago, so to be fair you're right about that. But it's nothing to do with facebook - if you want to keep in touch with people today it's pretty easy with emails and/or skype. Facebook just serves to aid narcissism, and nothing more.

    12. Re:Hope the Counter sue for Legal Costs by brantondaveperson · · Score: 1

      That's a very good question, and not an easy one to answer.

      Here's my answer though, for what it's worth. The Internet is a right, in very much the same sense that water and shelter and being allowed to own and read whatever books your please are all rights.

      Facebook is not a right, in the same sense that access to coca-cola, and having a swimming pool, and being allowed to nick whatever books you please from the public library are not rights.

      All grey areas (except the book theft part obviously), all debatable, but I would think that this is pretty much how a court is going to see it.

    13. Re:Hope the Counter sue for Legal Costs by Rinnon · · Score: 1

      People did live without electricity, gas and phone lines for several millennia. Does that mean they can cut them off? And if you were provided with free gas, heating, electricity and transportation for years and then quickly cut off for no reason, you'd be troubled as well.

      City dwellers may need gas for heating and cooking more than people in rural areas, but those need their car more. And nerds need Internet access more than jocks. . Now, Facebook may not be the most life-critical utility to me, but the question should be "When does a nice-to-have utility become a must-have necessity and for whom and why?"

      Yes, you can cut them off. Gas, Phone, Power, those things are not free, they are paid for by you, every month. Stop paying, stop receiving. Your suggestion, that because someone is receiving something for free, they should continue to receive it for free, because taking it away would trouble them is nothing short of baffling to me. Nothing is free, someone ELSE is just paying your way if you aren't, and they are probably getting something out of that too, or they likely wouldn't do it. If those people don't want to pay your way anymore, why should they be forced to? No one is going to force the Gas company to service you after you breach your contract and don't pay for months. Why should someone force Facebook to continue to service someone after they breached the contract they agreed to when they started using the service?

    14. Re:Hope the Counter sue for Legal Costs by naasking · · Score: 1

      Most businesses reserve the right to refuse service to anyone for almost any reason

      Certain types of discrimination are illegal, so not all reasons are legit. Whether this situation qualifies depends on the outcome of this suit. That's how the law evolves.

    15. Re:Hope the Counter sue for Legal Costs by phoenix321 · · Score: 1

      Breach of contract even for a free service is a no-brainer for contract termination.

      But a clause in the TOS stating "we can cut you off anytime for whatever reason we want" is different. And yes, I know, it's a free service.

      Imagine someone provided electricity for free to their hometown for a decade and then cut off everyone at once stating "it's free, so I do whatever I want". Big deal or not?

    16. Re:Hope the Counter sue for Legal Costs by antdude · · Score: 1

      I noticed a lot of people whom I know refuse to use altneratives and only use Facebook. Ugh.

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    17. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      And I'm sure that just like the "we refuse the right to serve you for any reason" clause outside businesses is in fact very limited legally, there are legal limits to that as well.

    18. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      And I'm sure that just like the "we refuse the right to serve you for any reason" clause outside businesses is in fact very limited legally, there are legal limits to that as well.

      I'm pretty sure that doesn't mean what you think it does.

    19. Re:Hope the Counter sue for Legal Costs by Infernal+Device · · Score: 1

      The price you pay has little to do with damages. A doctor is not somehow immune to malpractice if he decides not to charge you.

      Damages are not just to recover what you have paid.

      It's a question of entitlement - is he somehow entitled to Facebook?

      I would argue that he is not, as he doesn't actually pay anything directly to Facebook for their services and has not entered into a contract specifying a set guaranteed level of service. If the situation were different, then he might have a case against them for cutting him off, but only in very specific circumstances.

      As it is now, my opinion is that he's trying to make someone else pay for his own foolishness, at best. At worst, again, my opinion, is that it's a money-grab.

      Your doctor analogy is specious.

      --
      "My God...it's full of trolls!"
    20. Re:Hope the Counter sue for Legal Costs by arth1 · · Score: 1

      So? That it's a great tool for some people doesn't mean they have a dog-given right to it. Their dependency on the service isn't the service provider's responsibility.

      Or, to put it another way: If I pay a poor shoeshiner to have my shoes polished every day, and then suddenly stop, does that give him the right to sue me?

    21. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      No more than 20 years ago, that guy was ten years old.

    22. Re:Hope the Counter sue for Legal Costs by OrangeTide · · Score: 1

      If you pay zero then no contract is implied. Sometimes one can be made if an explicit promise is made, but in most jurisdictions promises of a gift can be broken without legal or financial consequences.
      Malpractice is a different story and has nothing to do with contract or agreements.
      If a doctor promises to give you a free surgery, but then later cancels (let's say he's a decent person and canceled because he has a funeral to attend). He's not required to continue to offer you that free surgery or pay for a surgery somewhere else.
      No damages can be found when you have no damages. You paid nothing for the service therefor you lost nothing. And in fact you were given the service for free for a time, but it turned out that time wasn't indefinite. (contracts can't be indefinite anyways)

      Now if the way in which the account was terminated caused some distress, damage, etc. then yes. There can be some legal consequences. And honestly the easiest way for facebook to save face (heh) is to reactive the guy's account. While I doubt they can be held legally accountable, the bad PR is damaging enough and should be avoided.

      --
      “Common sense is not so common.” — Voltaire
    23. Re:Hope the Counter sue for Legal Costs by PitaBred · · Score: 1

      Facebook takes up 25% of all US Internet traffic: http://www.digitaltrends.com/mobile/facebook-25-pct-of-u-s-traffic-and-100-million-app-downloads/

      That's not really a small part of the Internet.

    24. Re:Hope the Counter sue for Legal Costs by vegiVamp · · Score: 1

      > When I read "More than just a hobby" I thought it was going to explain that he makes a living through facebook... maybe then I'd see where he's coming from.

      Well, yes, and no. Facebook is indeed a platform for moneymaking, but not for the users, only for Zuckerberg, inc., the advertisers he attracts, the providers of random farmvilles and indirectly the people he sells the lusers' personal data to.

      If you make money off of Facebook without cutting Zuckerberg in, you haven't a foot to stand on.

      I happen to work for a national broadcaster these days. Our most popular youth radio, Studio Brussel, has repeatedly had their account pulled without any warning whatsoever, apparently because they gained too much following in too short a time. Well, yeah, that's what happens when you do an action. By the time we got service to be restored, the action was of course well past. AFAIK we didn't even bother talking to the lawyers - they can do whatever they want to their free service. Nobody seems to "get it", either, or maybe they've just accepted the fact that it's still THE online channel to our listeners, regardless that the same thing may, and probably will, happen over and over again.

      --
      What a depressingly stupid machine.
    25. Re:Hope the Counter sue for Legal Costs by pclminion · · Score: 1

      What is a "jock?" Out here in the land of After-High-School we have your garden variety dickheads but I can't remember the last time I ran into a "jock." Much less gave a crap about whatever that means, exactly.

    26. Re:Hope the Counter sue for Legal Costs by Kenoli · · Score: 1

      People did live without electricity, gas and phone lines for several millennia. Does that mean they can cut them off? And if you were provided with free gas, heating, electricity and transportation for years and then quickly cut off for no reason, you'd be troubled as well.

      You'd be troubled, but you probably wouldn't have legal grounds to sue for hundreds of thousands of dollars. This guy would be lucky to get his account re-enabled, even if he is actually innocent. Facebook pretty much owes him nothing.

    27. Re:Hope the Counter sue for Legal Costs by Rinnon · · Score: 1

      You're confusing "free" with "someone else is paying for it." In this case, your Electricity is not free, it is being paid for by some mysterious philanthropist. If you assume that this will continue forever, and are suddenly caught unaware when said philanthropist says "I can't afford to do this anymore," you don't really have my sympathies. If you then COMPLAIN that it was unfair it was taken away, I'd laugh and suggest that it was fortunate you ever got it paid for, for you, at all!

    28. Re:Hope the Counter sue for Legal Costs by phoenix321 · · Score: 1

      Facebook is also paid for by someone. It just happens to be evil advertisers and probably the NSA itself. They could still stop paying for it tomorrow.

      Anyway, provide a free service for someone for years or decades and then withdraw it immediately. Hilarity ensues every time, no matter what it is.

    29. Re:Hope the Counter sue for Legal Costs by phoenix321 · · Score: 1

      Cut businesses off of electricity or phone lines and yes, they will sue you for millions and billions, if needed.

      I'm interested in watching this case evolve, I must admit. Imagine people having important contacts only running through Facebook, they don't know their mail address, their phone number or physical address. In cutting them off of Facebook, they are instantly and actually cut off from their circle of Friends. This is probably hard to value in cash, but it really can be as damaging to one's social life as libel or slander. I don't know what the courts will say about that and I'd really like to hear their reasoning.

    30. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      And since the internet is so vastly used by companies, it should be a utility.

      Facebook however does not fall under that. You can keep in touch with far away family just as cheaply through email.

    31. Re:Hope the Counter sue for Legal Costs by green1 · · Score: 1

      It's not that EULAs "don't" hold up, it's more that they "haven't" held up. There has not, to my knowledge, been any real case law surrounding them as of yet. There is a lot of speculation that a halfway decent lawyer could successfully argue they aren't valid, but there's no well established precedent yet (unless you care to post some?)

      However that's not really the problem this particular person is facing, in this case he's actually screwed no matter whether the EULA is valid or not. To successfully sue, he'd have to prove a contractual relationship between himself and Facebook which Facebook broke. So to that end, he'd have to argue that the EULA is in fact valid because without it he'd have no contractual relationship and therefore no grounds to expect service. However, if the EULA were valid, then it likely says Facebook is allowed to terminate his account without any good reason and without any notice, in which case Facebook didn't break the contract, and he looses. If instead he argues that the EULA is not in fact valid, then there is no contract between him and Facebook requiring Facebook to provide him service at all, and once again he looses.

      Now I'll add the standard disclaimer that I'm not a lawyer, or even a Facebook user, so I'm not in a position to offer sound legal advice, however the above is accurate as near as I can tell from my limited research in to free services, EULAs and service obligations.

    32. Re:Hope the Counter sue for Legal Costs by Nikkos · · Score: 1

      I didn't say anything about this case being justified. I just commented on how deeply we can be attached to using various technologies.

      I notice that many of the respondents think that he can just use email/skype/etc, but all those are services controlled by other people too. Yahoo and Skype can cut you off just as easily as facebook can. Many ISPs block the email ports, so you often can't just run your own email service on your own computer, leaving you with limited options. While many seem to laugh about this guy losing his facebook, how many of us would freak out about losing access to our Gmail accounts and all the info stored within?

    33. Re:Hope the Counter sue for Legal Costs by Anonymous Coward · · Score: 0

      I think we can also look at it from another perspective: obligation to serve.

      Stores for example can not refuse you service arbitrarily. That's the law. I often hear "this is not the government, this is a business, therefore your human rights don't apply". They do, there are laws that make it so.
      In real life, many businesses can not treat you differently than other customers. A store owner can't ask you to leave just because they think you're ugly and scare away potential customers. And these laws don't apply only to services you pay for. Pretty much any public service, even free services, are legally obligated to serve people.

      Then you have 'private' services, which aren't obligated to provide service to everyone without discriminating. Well, the term 'private' service was supposed to be limited to services that need to pick clients on a case-to-case basis. Like banks, attorneys, insurance companies and a few others. Unfortunately the title of 'private service' is regularly abused today and is given to services that do not need to and should not be considered private.
      For example, night clubs - they call themselves private so that they can deny entry to people based on their looks. It should not work that way; I know there are fashion Nazis out there who think looks and style are one of the most important things in life, but this sort of discrimination should not be tolerated from a business.

      So the questions that should be asked are:
      - When should a website be considered public and when is it considered private? Should the fact that the services provided by a website are free make a difference?
      - Is a service truly free if you pay with another mean than money (e.g. for Facebook, you 'pay' them by telling them and letting them use your personal info).
      If you can make websites like Facebook qualify as public services and make it be considered that giving them your personal info is a form of payment, then Facebook would have a lot of trouble denying service to people arbitrarily. It's probably easier to solve the problem that way than to try to have Facebook qualify as a necessity like electricity and running water.

  6. So... by The+MAZZTer · · Score: 1

    How much of this will Facebook be able to counter in the first five minutes when they present their ToS as evidence and ask the guy in front of the court if he agreed to those terms?

    1. Re:So... by Anonymous Coward · · Score: 0

      Alternatively, when have ToS ever been enforcable? Perhaps i'm out of touch with how it goes down in courts, but I've always held the assumption ToS are absolutely worthless in courts. I suspect he doesn't really expect to see any money, he's just trying to draw some attention to his plight.

    2. Re:So... by McTickles · · Score: 1

      TOS are not enforcable in courts, they are nothing more than wishlists that companies write hoping people don't realize they don't have to abide by them.

  7. Enforceability of service level agreements by tepples · · Score: 1

    Please allow me to summarize what I understood of your paragraph: "Service level agreements are unenforceable even from monopoly public utilities." Can you recommend any Google keywords with which to dig up citations? Or what did I misunderstand?

    1. Re:Enforceability of service level agreements by Anrego · · Score: 1

      Im not a lawyer, but I think "service level agreements" is the key phrase there. With my residential internet, my service agreement is clearly stating that while they make best effort, if it goes down for a month or something, tough beans. You can only enforce what is agreed upon.

      You can get service agreements that are more "heads will roll if we go down", this is usually what you are paying for if you get a T1 line.

    2. Re:Enforceability of service level agreements by phoenix321 · · Score: 1

      A contract, where one party only has to try their best efforts, with no real hard obligations, while the other must pay in cold, hard cash, on time, every month or else doesn't sound exactly fair to me.

      I'm all for free enterprise and freedom of contract, but I'd sure as hell sue them if they take cash for no service and/or cause me undue losses or effort. Contracts, where one side takes money and may or may not provide any service of maybe high, medium or low or whatever else quality while the other side just has to pay up and hope are of course valid contracts - but only when the company is registered in Nevada and has a valid license for gambling. Everywhere else, it is illegal and I won't gamble anyway as a matter of principle.

    3. Re:Enforceability of service level agreements by postbigbang · · Score: 1

      Go look at the Facebook user agreement page. The judge will, as it's the binding contract. Then he'll throw it out of court with prejudice. It ought to be required reading for all of its users, who gloss it and just start friending their merry way.

      --
      ---- Teach Peace. It's Cheaper Than War.
    4. Re:Enforceability of service level agreements by francium+goes+boom · · Score: 1

      Have you tried reading the user agreement? Then try the privacy policy, the damn thing is longer than the constitution and I'd say 90% of America hasn't even read that! Most of the time these agreements are so full of legalese that the average person can't even understand them if they do read them.

    5. Re:Enforceability of service level agreements by postbigbang · · Score: 1

      I did read it. That's why my FB participation is locked down tight. I use a separate browser instance exclusively for FB-- it's the only reasonable way.

      --
      ---- Teach Peace. It's Cheaper Than War.
    6. Re:Enforceability of service level agreements by Anrego · · Score: 2

      If a utility could be sued for downtime by most of their users, you'd be paying a _lot_ more for your internet and cable.

      That's really what it's about.. you are getting cheap internet in exchange for not having a solid service level agreement in place. As I said in my original post, if you want a solid service agreement where they are contractually bound to provide you a certain level of service, and are penalized for breaches of said service.. you can get it.. but not for $30 a month.

    7. Re:Enforceability of service level agreements by GooberToo · · Score: 1

      I would like to congratulate you for proving you stand head and shoulders above most other slashdotters. Seriously.

      1) You attempt to confirm your understanding of the parents statements.
      2) You did not antagonize or attempt to inflame based on your own ignorance.
      3) You show a willingness to perform your own research of a subject which is originating from a non-authoritative source.
      4) You did not show contempt for for a non-authoritative source offering a non-authoritative piece of information.
      5) Even better, your ego isn't so huge such that you demand homework of others (demand they do your research), whom you've never met, who are otherwise willing to rectify your ignorance.
      6) Best of all, you did not sound like an absolute idiot by say, "Citation needed."

      You are quit possibly one of the smartest slashdot readers to roam the site in ages. In all seriousness, congratulations.

    8. Re:Enforceability of service level agreements by Americano · · Score: 1

      A contract, where one party only has to try their best efforts, with no real hard obligations, while the other must pay in cold, hard cash, on time, every month or else doesn't sound exactly fair to me.

      It's perfectly fair - it's a contract, and it's what you agree to - except in the cases of government-granted-monopoly utilities (where rates are regulated by the government anyway), you are free to shop around for a rate and a plan that is the most suitable for you.

      If you want to pay for minimum service level agreements including maximum allowable downtime, you need to be prepared to pay the costs for keeping line crews and repair techs ready to roll at a moment's notice. 24x7 uptime with repair crews on constant standby are a lot more expensive than "if it goes down, we'll repair it as soon as we can, but it may take a couple days for us to get there." And for utility companies who deliver over wide areas where their infrastructure is prone to storm damage & outages - blizzards, ice storms, hurricanes, tornadoes, earthquake, what have you - you will also have to pay for the company to purchase insurance against claims filed as a result of that outage: "Last week's blizzard took down lines and left 200,000 households without service. We have to provide them with 200,000*X amount of free service / refunds / rebates as a result of failing to meet our 24x7 uptime guarantee."

      If you've ever negotiated service level agreements for IT services, you know that the more 9's you tack on to the uptime requirements, the higher the cost is to maintain that level of service. 5-9's uptime (99.999% - ~5.5 minutes of downtime PER YEAR) is orders of magnitude more expensive than 90% uptime (36.5 days of downtime PER YEAR). Considering that most utility systems in built up areas are much more reliable the 90% uptime (absent massive natural disasters), you're probably getting a pretty good deal for the reliability of service you get.

    9. Re:Enforceability of service level agreements by Anonymous Coward · · Score: 0

      As TFA points out, there's a secton in the Facebook user agreement that says it may not be binding in your state, or under all circumstances.

      Some contract provisions aren't enforceable. Judges have thrown contract language out of court all the time.

      One case that I remember was the waivers on the back of a bus ticket, which the judge said was so tiny that no one could reasonably be expected to read it.

    10. Re:Enforceability of service level agreements by postbigbang · · Score: 1

      There are states that allow consequential damages, which this litigation might, MIGHT fall under. Judges have also looked at ToS and slammed the gavel, too. The only lesson out of this might be to have an API kit, like a socialDAV, where you could extract your content with some kind of LDAP/LIPS listing to migrate it to the next new cool engine. But that'll be unlikely to happen.

      --
      ---- Teach Peace. It's Cheaper Than War.
    11. Re:Enforceability of service level agreements by Anonymous Coward · · Score: 0

      Well, it almost depends on the extend of the outages. If they charge you $30 and you have Internet 1 hour a month, even it is not limited in time used, the ISP would not get away with charging you the $30.

    12. Re:Enforceability of service level agreements by roju · · Score: 2

      A contract, where one party only has to try their best efforts, with no real hard obligations, while the other must pay in cold, hard cash, on time, every month or else doesn't sound exactly fair to me.

      So you're against pro sports? :)

    13. Re:Enforceability of service level agreements by Anonymous Coward · · Score: 0

      You must be new here.

      I mean the US, not Slashdot; their service has been exemplary.
      davel

    14. Re:Enforceability of service level agreements by phoenix321 · · Score: 1

      Or against any employment contract, as long as human people are employed? :) Nah...

      But I'm against granting contractual agreements the leniency that any and all events, outages and problems that some business have may will punch straight through the layer between the parties in a contract and hit the customer. There's always a Force Majeure, of course, that no one can foresee or plan against, but I don't like it when regular, run-of-the-mill business problems of a supplier immediately become the problems of their customers. This violates the isolation necessary between business entities. This isolation is what makes businesses and the commercial world in general resilient against everyday mayhem.

      (That's why I'm a huge fan of outsourcing everything except the core business to suppliers that can do these things only, but do it very very well and then stop reinventing their wheels. After all, this principle is what makes complex systems - and Linux servers - so resilient: one entity only performs one particular set of functions, but by concentrating on that goal can be bulletproof in doing so.)

  8. Free? by singingjim1 · · Score: 1

    Free is a relative term.

    1. Re:Free? by sakdoctor · · Score: 2

      Freedom isn't free.
      Freedom is definitely not ad supported.

    2. Re:Free? by Phaedrus420 · · Score: 0

      Freedom costs a buck o' five.

      --
      And what is good, Phaedrus, And what is not good... Need we ask anyone to tell us these things?
  9. Re:With a name like that.... by Stooshie · · Score: 1

    The letters F and T appear together because it is phonetic in order to write the name the way it sounds. There are no rules in English about how foreign names should be spelled.

    --
    America, Home of the Brave. ... .and the Squaw.
  10. Yeah, yeah, private site and all that by rsilvergun · · Score: 1

    but you know what, it's becoming increasingly hard to function effectively without a Facebook account. Just like a cellphone and a car, they're "luxuries" that you're expected to have, and you stand out and look weird when you don't. Your boss expects you to get to work (car), expects instant contact (cell phone) and now expects you to be a team player on your Facebook site.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Yeah, yeah, private site and all that by Mike+Mentalist · · Score: 2

      but you know what, it's becoming increasingly hard to function effectively without a Facebook account

      No, it really isn't.

      --
      I put my books on Amazon, Smashwords, Demonoid, ISOHunt and Pirate Bay. Search for 'Michael Cargill'
    2. Re:Yeah, yeah, private site and all that by FrankieBaby1986 · · Score: 1

      GP's wording might be a little strong, but in some cases it can be a strong a disadvantage to not have one.

      Just like not watching TV can put you at a strong disadvantage relating to people. (I went without for nearly 2 years, never had a clue what anyone was talking about when it came to shows, new movies, funny commercials, etc.)

      And lets face it, this world is all about relating to people, and always has been. "It's who ya know" What kind of band, widely public company, anybody that relies on media exposure doesn't have facebook?

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    3. Re:Yeah, yeah, private site and all that by Anonymous Coward · · Score: 0

      "it's becoming increasingly hard to function effectively without a Facebook account."

      Thanks for the laugh!

    4. Re:Yeah, yeah, private site and all that by McTickles · · Score: 1

      I dont use facebook anymore, trust me, the "friends" I had on there, I don't miss... My real friends now how to contact me, phone, IRC, Jabber, email etc ... they don't need a facebook to be the middle man (yes, i have my own mail server, jabber, IRC etc..)

    5. Re:Yeah, yeah, private site and all that by ScentCone · · Score: 2

      it's becoming increasingly hard to function effectively without a Facebook account

      Your job requires you to have such an account? You've got some family member that you must be in contact with, but who doesn't have e-mail and can't take a phone call? You have pictures to store, and can't think of a single other place to put them? You feel the need to publish your status to the world, and can't find a single other way to do it besides using one particular company's free service? Which "function" are you having a hard time performing if you don't sign into Facebook on a given day? Or are you simply unable or unwilling to explain to your friends what it is you'd rather not expose through that venue?

      --
      Don't disappoint your bird dog. Go to the range.
    6. Re:Yeah, yeah, private site and all that by guybrush3pwood · · Score: 1

      I went without for nearly 2 years, never had a clue what anyone was talking about when it came to shows, new movies, funny commercials, etc

      Perhaps you need new friends...

      --
      Perhaps I'm trolling, perhaps I'm not.
    7. Re:Yeah, yeah, private site and all that by moeluv · · Score: 1

      Really, I have to know what business do you work in that facebook is a necessity? I have friends in a prett wide range of industries and I've never even heard any of them mention anything of that sort. We do use it to create fb pages to promote small businesses we collaberated in but required for an employee?

    8. Re:Yeah, yeah, private site and all that by Builder · · Score: 1

      Try promoting an event (and I mean a paid for event, not your birthday) today without twitter and facebook. It's still possible, but it's much harder to do and you can reach a much larger audience by using these tools. A larger audience means more customers.

    9. Re:Yeah, yeah, private site and all that by Locke2005 · · Score: 1

      I don't have a Facebook page, and it's never been a problem.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    10. Re:Yeah, yeah, private site and all that by moeluv · · Score: 1

      Well yeah great but that is a business page not your personal FB page. I mentioned using it to promote business if you read the post, and you can create all the seperate pages you like for businesses.

    11. Re:Yeah, yeah, private site and all that by Builder · · Score: 1

      I don't think you've ever worked in PR - that's not how it works. Half the job of advertising and PR is to get people to feel a connection to things. You do that by using people, not business pages.

  11. Re:With a name like that.... by slater.jay · · Score: 1

    Obviously you're not a speaker of Russian. 'ft' is a tame consonant cluster for it. Try 'fstr' on for size.

  12. Facebook Usage Policy by Anonymous Coward · · Score: 1

    Apparently clicking reduces IQ by 50% - or he hasn't read Facebook's Usage Policy before agreeing to it.
    "14. Termination
    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Facebook to you."

    In other words, "we can terminate your account any time we feel like it, nyah nyah". Nothing to see here, move along.

    1. Re:Facebook Usage Policy by ledow · · Score: 2

      Trumped by basic contract law.

      Just because you signed it, doesn't mean it was a reasonable contract and, therefore, doesn't mean those sections are legally binding.

      Otherwise, everyone in the world would write contracts that meant they could never be sued for anything ever even if your cars brakes fall off on your first trip from the showroom, while all their employees would be whipped to death each day to make them work. Hey, they signed the contract that said it was okay!

      Contract law is only as binding as the court reasonably construes. Hell, even the jurisdiction statements in a lot of contracts don't work because they say all cases are bound by US law when they operate in the EU. Can't happen, or every company in the world would be using Country X's harsh regime to run their business legal departments and referring customers from all countries to their legal decisions in that country.

    2. Re:Facebook Usage Policy by Anonymous Coward · · Score: 0

      Funny, I didn't notice people successfully suing Microsoft for critical bugs in Windows. In other words, EULAs seem to be effective for things which you can't drop on your foot (e.g. software or services in teh cloud).

    3. Re:Facebook Usage Policy by McTickles · · Score: 1

      Basically it means: surrender your rights, don't complain, if you want to keep your "friends"...

      However, as far as I can tell they never completely terminate an account they still exploit your data for all its worth... You just cant access it anymore.

    4. Re:Facebook Usage Policy by McTickles · · Score: 1

      What this man said.

      Terms of Services (or whatever they choose to call it) have very little credibility in court. It is always up to the judge to decide if the Terms of Services are reasonable.

      Most of the time TOS can be safely ignored, yes ignored, but most people don't know that and of course companies dont want you to know that.

    5. Re:Facebook Usage Policy by ledow · · Score: 1

      What about the several rulings in the EU that the EULA inside a software box cannot be enforceable because you have agree to it before you know what it is?

      MS got caught by that one and had to give refunds to people who *didn't* agree with the EULA but had already "agreed" to it by opening the box.

      Contract law is much more complicated than just "he signed it". For a start, a court can throw out almost anything in a contract they don't think is fair. But it takes a court to do it, because they alone can determine if a contract is fair, and if you don't bring it to court, it doesn't happen. It doesn't mean the contract IS fair, it just means it's untested. Similarly, the GPL is untested too - same prevalence, same situation. It doesn't mean it *IS* legal under any jurisdiction (and could well be legal in one and not another), it just means nobody's bothered to go to the expense of finding out for the sake of a £100 Windows license.

    6. Re:Facebook Usage Policy by Anonymous Coward · · Score: 0

      First, basic contract law requires an even exchange of value between the parties. What exactly is it you are giving to Facebook? This clown is claiming they owe him $500,000, which means he thinks he has provided $500,000 of value to Facebook. How?

      Second, there is no contract. What did you sign to join Facebook? Did you have opportunity to modify the terms?

      Last, as long as they are not denying him service for a reason prohibited by law (race, etc), they (and all private individuals and businesses) are not required to do business with him at all.

    7. Re:Facebook Usage Policy by Anonymous Coward · · Score: 0

      Last, as long as they are not denying him service for a reason prohibited by law (race, etc), they (and all private individuals and businesses) are not required to do business with him at all.

      So what if he was given a name at birth that (according to Facebook) "real" people aren't allowed to have? Chances are that's exactly what happened...

      Is Facebook allowed to say "your name isn't real, you aren't real, bye sucker!"? Just because he happened to be named Fteja? And isn't that due to his race?

    8. Re:Facebook Usage Policy by Anonymous Coward · · Score: 0

      Oblig: What is "real"? How do you define "real"?

      But yeah, he's not real in the same way that all valid top-level domains only have three ASCII letters, maximum (hint hint). Consensual reality and all that - it seems to be rather constrained at that side of the pond.

    9. Re:Facebook Usage Policy by Anonymous Coward · · Score: 0

      Pff, everyone knows that .cx is a valid TLD. Goatse taught us at least that much.

  13. Seems more reasonable than most by gman003 · · Score: 5, Interesting

    Now, having not actually RTFA yet, I can't comment on the merits of the case.

    However, the sum he's suing for is relatively small, compared to most of the crazy lawsuits I've seen - usually, they seek at least $10M, sometimes much, much more, all the way into the trillions. That itself says something about the case - it may be more about actual justice than profiteering.

    PS: The guy is claiming a friendship is worth $1,500. Minimum statutory damages for "pirating" a single album is $7,500, or five friends. That alone says much about the US judicial system and this case.

    1. Re:Seems more reasonable than most by Anonymous Coward · · Score: 0

      > Minimum statutory damages for "pirating" a single album is $7,500

      Correction: Actually, the copyright statutory "damages" actually go from minimum $750 up to $150,000 per infringement.

    2. Re:Seems more reasonable than most by gman003 · · Score: 1

      That's $750 per "work", which the RIAA has argued (and the courts accepted) is a single song, not an album. Average album size is ten songs. 750 * 10 == 7500.

    3. Re:Seems more reasonable than most by mangu · · Score: 1

      The guy is claiming a friendship is worth $1,500

      Then I've got bad news for him, a facebook friendship is worth less than 20 cents on the market. And I didn't even do any shopping, just picked the first Google result for "buy facebook friends".

    4. Re:Seems more reasonable than most by gman003 · · Score: 1

      And the MAFIAA claims tens of thousands of dollars in damages for a CD or movie I can buy at Wal-Mart for $12. Market price has no effect on damages anymore.

    5. Re:Seems more reasonable than most by gnapster · · Score: 1

      Half a friend, then.

    6. Re:Seems more reasonable than most by phantomcircuit · · Score: 1

      The guys in Albania, 500K USD goes a lot further there.

    7. Re:Seems more reasonable than most by cloudmaster · · Score: 1

      The guy's in NY City; 500K doesn't go very far there.

    8. Re:Seems more reasonable than most by Anonymous Coward · · Score: 0

      > "Minimum statutory damages for "pirating" a single album is $7,500, or five friends. That alone says much about the US judicial system and this case."

      Just a minor clarification, the damages are defined by law so it says more of something about the Legislative system, not so much the Judicial system.

  14. Binding Arbitration by Sonny+Yatsen · · Score: 1

    You know, it's actually interesting that Facebook opted to allow themselves to be sued in court rather than forcing their users into binding arbitration like pretty much every other company that provides some service (mobile phones, utilities, cable, internet, etc.). Of course, since the terms of facebook limits liability to $100 dollars or whatever you pay facebook within 12 months, the recovery from such a suit would probably wind up being less than the court fees, or arbitration costs.

    --
    My postings are informational and does not constitute legal advice. Act on it at your risk.
  15. Re:With a name like that.... by tonique · · Score: 1

    Ah, the name is likely Albanian. For more exciting consonant clusters, you can always try Georgian (no, that isn't the most spoken language in Atlanta). English "screeve" is a borrowing from Georgian mts'k'rivi for a linguistic concept, for example.

    http://en.wikipedia.org/wiki/Screeve

    Apparently, mtvrali means 'drunk'.

  16. Same here by Anonymous Coward · · Score: 5, Interesting

    Same situation here. I've been cursed with a native Estonian forename "Anti" ( http://en.wiktionary.org/wiki/Anti ; it is not a rare name here, i know multiple Antis and even some celebrities are named Anti). Facebook is very strict about using real names and they are having automatic to ensure that... And my forename fails the check. A year ago, it took me about a month of e-mailing to register an account. I even had to scan and send my passport copy to prove I'm real.
    Fast forward one year... Today morning, I'm unable to log in. Facebook tells my account has been suspended and I have to enter my real name to proceed. I enter my real name again and get an e-mail that my account is deleted now and they do not accept any further correspondence regarding that matter. Let's see if they answer to my e-mails or I'm banned from facebook forever just because my forename.

    1. Re:Same here by ubermiester · · Score: 1

      While I sympathize with your plight, you must keep in mind that Facebook is still, after all, a private company. And when a private company looks at a person they see a customer. And when they look at a customer, they see revenue vs cost. If it is too costly to interact with everyone in your situation vs the new revenue you will bring, they will simply write those people off as losses and tie off the bleeding asap.

      The most notorious example of this is when insurance companies deny coverage to high risk people because they are likely to cost the company more in payouts than they bring in new revenue. In fact, that's why there is now a law to address the problem.

      Facebook is not a public institution. It is not a government agency. It's not even a non-profit or NGO. It's a private company out to make a buck based on pure volume. Don't expect much sympathy or individual attention.

      Want to effect change? Use another site. That's what everyone at myspace did.

    2. Re:Same here by Anonymous Coward · · Score: 0

      Just put in Fred.

    3. Re:Same here by misexistentialist · · Score: 1

      Couldn't you just use Antti?

    4. Re:Same here by omglolbah · · Score: 1

      A friend of mine successfully had the name "Adolph Treffler" for several years on facebook.

      "Treff" is norwegian for "hit", so I guess you can see where this is going :p

      While they require a real name, Anthi would probably fly, and your friends probably wont give a carp (:p) about the change.

      Annoying I know, but sometimes the only way to go about it.

      (yes, the carp is intentional, who cares about fish :p)

    5. Re:Same here by Anonymous Coward · · Score: 0

      Wait, what? You sent Facebook a scan of your passport?

    6. Re:Same here by pclminion · · Score: 1

      And his last name is Freedom.

      "Good morning gentlemen. I'm here to brief you. I'm... Anti Freedom."

      Secretary of Defense: "Sounds like you'll fit right in around here."

    7. Re:Same here by Anonymous Coward · · Score: 0

      Is your surname American by any chance? :P

    8. Re:Same here by Anonymous Coward · · Score: 0

      Actually, Anti, you should sue them. Seriously, go talk to your lawyer. Chances are they owe you enough for you to not have to work and have a very nice living for the rest of your life.

      Why?

      Because while a utility company is not obliged to provide service to any particular person, it does not invalidate discrimination and human rights laws. It's like disconnecting your electricity to a black guy because he is black. They can put it in the contract, but contracts have less legal power than laws. If you are a black guy and they disconnect you based on the color of your skin, the judge will not find it unreasonable to order them to pay you say $20 million for discrimination.

      I do not see how discriminating based on your Estonian origin is any different. ESPECIALLY if you reside in Estonia.

    9. Re:Same here by Anonymous Coward · · Score: 0

      Facebook is not a public institution. It is not a government agency. It's not even a non-profit or NGO. It's a private company out to make a buck based on pure volume. Don't expect much sympathy or individual attention

      My local supermarket is not a government agency, a public institution or an NGO. It's a business, and as such they are legally obligated to let me buy from their store. They could only deny me access to the premises in very special circumstances, for example if I was caught shoplifting or if I harassed an employee or customer in their store.

      "Private companies" were supposed to be only companies that had a valid reason to take clients on a case-to-case basis, like attorneys and banks. Even then, an entire company should not be considered private. Only some of it's services should be. My bank is a private company, so I guess this means if they opened grocery stores they could kick out old people for being too slow or overweight people for occupying too much space.
      In any case Facebook does not:
      a) Need to pick who they allow to sign up on a case-to-case basis.
      b) Pick people on a case-to-case basis anyway.
      Therefore it should not qualify as private.

      As for being "private" in the traditional sense (i.e. the same way my Team Speak server that I set up for my high school classmates or the forum of my Counter Strike team are private), Facebook is much too massive to be considered private. Actually, the fact that anyone can sign up makes it public (again, in the traditional sense of the term; not in the economic "private/public business" sense).

      I'll give you that there are currently many private companies that should not be private. But that just means the system is being abused and we should speak up against it. It doesn't mean we should just say "that's the way it is so let's not complain". Or did I miss the part that says we always have to agree with the way things are and can't try to change them?
      Just think of what society would be like if businesses could deny service to people based on trivial things like the way they dress or look, or their political opinions, then let me know if you still want to find excuses for companies.

      As for the guy's lawsuit, I disagree with the claim that this has caused damages - then again, we learned to rely heavily on free services like e-mail accounts.
      But I would definitely support him if he sued for having his account closed arbitrarily (i.e. without good reasons from Facebook).

  17. Re:With a name like that.... by chichilalescu · · Score: 1

    I like that in the english language, all the rules are "you should always/never X, unless Y or maybe Z". In other words, I have just one thing to say to you: you're a ghoughphtheightteeau head.

    --
    new sig
  18. Re:With a name like that.... by Abstrackt · · Score: 5, Informative

    Mustafa Fteja??? The letters 'F' and 'T' should never appear next to each other without a vowel separating them, unless it is at the end of a word such as 'draft' or 'theft'.

    After reading your comment I must say that's a rather lofty claim. I could probably debunk it further if I spent more than fifteen seconds on it.

    --
    They say a little knowledge is a dangerous thing, but it's not one half so bad as a lot of ignorance. - Terry Pratchett
  19. Re:With a name like that.... by Anonymous Coward · · Score: 0

    He's Albanian, as noted in the summary. Thanks for playing.

    (Just because it's not usual in English doesn't mean it's unusual in other languages. For example, the Russian word for "second" [that is, "2nd", and not 1/60 of a minute] is pronounced ftorói.)

  20. dumb by Anonymous Coward · · Score: 0

    i see people getting deleted all the time. i am sure he was removed for a reason. maybe he should invest in a free thing called e-mail or instant messaging .or another novelty called VOIP phone.

    1. Re:dumb by oodaloop · · Score: 1

      Or a blog, or myspace.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  21. Mustafa Fteja by zoomshorts · · Score: 0

    Is obviously an Albanian terrorist? What else could he be? Perhaps an non-native English speaker?
    Maybe, but he is a whiner none the less.

    He needs removed from the internet totally. I just un-friended him!!!

  22. Mistaking the Customer Relationship by X86Daddy · · Score: 2

    Must be nice when you can use a free site and expect to get paid when they cut you off.

    There's tons of confusion about who Facebook's customers are. This kind of confusion goes back to television and radio stations, and popular magazines.

    The participants, the readers, the viewers... these people are not the customers of these companies. They are a resource being mined and sold. Media companies, and entities like Facebook do have customers: Advertisers.

    With broadcast, one-way media of yesteryear, these companies had no quality-control on the product they offered. They couldn't deactivate someone's access to a TV station because he or she routinely walked away during commercial breaks. The newspaper company couldn't identify and stop delivering papers to the person who read only the comics and used the rest as bird cage liner. Likewise, these companies could only promise "eyeballs" to their customers. Facebook, on the other hand, is offering "personae" to their customers. Each resource is not merely a potential viewer/listener, but now consists of that and a photograph, a name, a location, an age, interests, lists of friends, education level, and various other biographical data. They're offering a lot more "product" to their real customers now, and so they have a lot more interest in quality control of that product. No advertiser wants to pay for such a premium service as having a viewer's friend's photo appear next to their ad with the declaration that the friend "Liked" that product, when the friend's photo is goatse or Hitler.

    Facebook is just being responsive to its customer base. The real question: How should the human users of Facebook understand, quantify, and describe their relationship with Facebook? They're certainly not just "getting to use a free site." Are they employees being paid in a product-use benefit instead of cash? What are their employee rights then? This guy's issue is less of an aggrieved customer situation than it is a wrongful termination suit. There might be analogies that make even more sense. Perhaps it's even possible that these cases be discussed clearly in the realm of what they really are, and the terms will evolve from that, rather than ill-fitting, borrowed terms... Might take a few decades.

    1. Re:Mistaking the Customer Relationship by Rinnon · · Score: 1

      That is a really interesting way of looking at it that I never thought of before. I'm not sure that the Employee analogy really works, but very interesting nonetheless.

    2. Re:Mistaking the Customer Relationship by ThirdPrize · · Score: 1

      In all honesty Google is an advertising company these days. The more of your time that they have, the more ads they can stick on screen. Same with TV. Most of the big commercial networks make programs that the advertisers want, not particularly programs of any great worth. Just entertaining enough so you don't surf when the ads come on.

      --
      I have excellent Karma and I am not afraid to Troll it.
    3. Re:Mistaking the Customer Relationship by Anonymous Coward · · Score: 0

      >> There might be analogies that make even more sense.

      Like something with a car in it?

    4. Re:Mistaking the Customer Relationship by Anonymous Coward · · Score: 0

      This is why monopolies are regulated. There's a lot of power inherent in providing a ubiquitous service that people come to depend on. It reminds me of a Cory Doctorow novel I read recently, For the Win. http://craphound.com/?cat=5
      I've also noticed that during the ongoing crisis in Egypt that the internet is reported as being unavailable. As communication evolves and advances, it relies more and more on infrastructure controlled by "the establishment" (for lack of a better term). Maybe it's just convergence to the most efficient medium for transmitting bits, but in the past telegraphs could fill in for an interrupted telephone system. Today, email and YouTube both rely on the same network.
      Denying service isn't just for distributed gangs of zombies, but can also be perpetrated by a political regime or a corporation. This example apparently only affects an individual (and probably many other similar individuals), whereas the typical DoS attack takes down a site, affecting all users of the site. So it's legal, maybe. That doesn't make it right.

    5. Re:Mistaking the Customer Relationship by Anonymous Coward · · Score: 0

      In fact, there are already court cases that acknowledge that Facebook is NOT a free service.
      This is analogous to the US Supreme Court decision that the Linux kernel is NOT free-as-in-beer, and the GPL is a commercial license, because it seeks consideration for the right to license the work -- even though this consideration is not expressed in terms of dollars.

  23. Forgot the read the fineprint by Anonymous Coward · · Score: 0

    That is never going to happen ofcourse !

  24. Re:"Free" by TaoPhoenix · · Score: 1

    Sure, so help me out - what's the nifty new term for non-cash value trades?

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  25. Re:With a name like that.... by Anonymous Coward · · Score: 0

    After i lifted a a fifth...

  26. Good by McTickles · · Score: 0

    I hope he gets what he is suing for; i have absolutely no sympathy for facebook and i'd really would like to see this privacy rapping buggy mess of a site get what it deserve, that is, bankrupcy and investigation into its data retention policies.

    Honestly, I'd quite enjoy to see Zuckerberg and friends behind bars.

    1. Re:Good by Anonymous Coward · · Score: 0

      I'd quite enjoy to see Zuckerberg and friends behind bars.

      ...because they delivered the service exactly as agreed (see Facebook's Usage Policy, esp. the "Termination" part)? I don't like FB either, but *that* would be an interesting case.

      Face it, the guy hasn't got a leg to stand on: FB doesn't give you any guarantees at all, can terminate your account anytime, and has usage rights to anything you give it. If you don't like it...well don't use it, then. It's an advertising platform, not a critical life support system (for all you FB addicts out there, NO IT'S NOT ESSENTIAL).

      Now get off my lawn!

  27. Why should this guy even be able to sue? by Targon · · Score: 2

    There is nothing that says that the laws of the USA automatically apply to people in other countries. Seriously, we are talking about the Internet here, and in the same way that international spammers are difficult to prosecute due to the laws of one country not necessarily applying to people from other countries, there is nothing that says that someone from another country should be able to use the US court system for a BS lawsuit like this. If anything, the US government should charge the guy for the right to use the US legal system for this stupid claim.

    1. Re:Why should this guy even be able to sue? by echucker · · Score: 1

      Because he lives in Staten Island. RTFAs.

    2. Re:Why should this guy even be able to sue? by Anonymous Coward · · Score: 0

      And again, the relevant ToS - I wonder what they teach the kids these days, but it sure ain't reading. One day, I'll print out those rules and conditions, roll it up (twenty-odd pages of fine print) and use it as a cluestick. Ahem:

      You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Facebook exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

      They don't apply automatically. This guy and FB have agreed that their disputes will be etcetera, see the quoted block. Enjoy baseless ranting much?

      (I'm not even going to dissect the obvious troll of "you must be at least this rich to use the court")

    3. Re:Why should this guy even be able to sue? by Anonymous Coward · · Score: 0

      omg he has a foreign sounding name...run run hide america

    4. Re:Why should this guy even be able to sue? by Kjella · · Score: 1

      There is nothing that says that the laws of the USA automatically apply to people in other countries.

      No, but a contract (subsets are terms of service and EULAs) work both ways. There is a choice of law and it's either in my jurisdiction or in theirs, not surprisingly every company I've ever dealt with state it's in their own as part of the contract. That means I can't use the laws of my country, because it won't have jurisdiction. I not only can, but I must use foreign law to sue as long as the contract is under foreign law. Even if the behavior against me has been criminal, I must use their criminal law not my country's criminal law. If the US refused to hear cases from foreigners on matters related to US contracts, all foreign trade would disappear faster than you could snap your fingers.

      --
      Live today, because you never know what tomorrow brings
    5. Re:Why should this guy even be able to sue? by NiteShaed · · Score: 1

      Because he lives in Staten Island. RTFAs.

      Exactly, some weird, foreign country.....

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    6. Re:Why should this guy even be able to sue? by Anonymous Coward · · Score: 1

      There is nothing that says that the laws of the USA automatically apply to people in other countries. Seriously, we are talking about the Internet here, and in the same way that international spammers are difficult to prosecute due to the laws of one country not necessarily applying to people from other countries, there is nothing that says that someone from another country should be able to use the US court system for a BS lawsuit like this. If anything, the US government should charge the guy for the right to use the US legal system for this stupid claim.

      Well, I see you're completely unaware of reality here. Besides you being factually incorrect about the location of the man, who IS in the US, in actuality, there are plenty of things that say one can use the US court system without being in the country. You see, the US has signed treaties with many countries, and has set up reciprocal agreements to handle such disputes between citizens and corporations that occur across national lines. It's just good diplomatic policy, and helps reduce certain tensions that come about when it comes to commerce. The US can and does even recognize judgments in foreign courts, in order to get them to recognize judgments in US courts. Not in all cases, mind you, there are some things that are not covered for various reasons, but they are exceptions rather than the rule. And finally, the US court system DOES charge people for access. Not in all cases, mind you, but they can and do implement filing fees where appropriate.

    7. Re:Why should this guy even be able to sue? by Anonymous Coward · · Score: 0

      "there is nothing that says that someone from another country should be able to use the US court system"

      Well that was a bit medieval.

      I think you'll find that there are agreements between countries, international laws, treaties, embassies, etc.

    8. Re:Why should this guy even be able to sue? by Anonymous Coward · · Score: 0

      The laws of the USA apply to companies based in the USA. I think that's where Facebook is, no? If they break a US law, no matter who the victim is the victim can sue in the USA.
      Or in other words: just because he's a foreigner does not mean he should be treated differently and have less rights.

      The only other options would be:
      - You can't sue when you're the victim of a crime committed by someone living in a foreign country (that's just crazy)
      - People can sue in their own country, therefore Facebook could be sued according to the laws of Egypt, Saudi Arabia, China, Finland, Mexico and all other countries on this planet. This would mean that Facebook could be sued in Saudi Arabia for allowing people to post pictures of women in bikinis. That would be dumb, wouldn't it?

  28. Okay, why was he booted off? by hellfire · · Score: 4, Insightful

    Lots of comments about how suing is evil and hope this guy loses blah blah blah. Anyone ask why this guy got booted? The guy basically has not been told why he was booted. Despite repeated emails all he was told was "you violated our terms of service" which is a nice generic cop out for "out automated processes found something and we don't feel like treating you like a human being to give you any more specifics." It seems like suing to find out why is his only option since Facebook isn't cooperating.

    Sure it's a free service, sure it's quite possible that it's not a big deal since it's only a social networking site and little of value will truly be lost. However, Facebook offered it's service for free, the guy used it, and then got booted without discussion. The guy deserves at least some answers, any human being would. And it looks like the only way to get answers is to make it relevant to Facebook that they should be providing them or risk this and other lawsuits. It sounds less frivolous and more like the guy just wants some respect and I think he deserves it. Otherwise we risk other people being treated like this. I urge this man to go go go.

    --

    "All great wisdom is contained in .signature files"

    1. Re:Okay, why was he booted off? by Anonymous Coward · · Score: 0

      Anyone ask why this guy got booted?

      My thought exactly. We're getting a lot of comments berating the guy for suing over a free service, but I'd bet you that if the summary claimed the reason for his lost account is that Facebook didn't like the negative comments he posted about them elsewhere, or if the DHS asked Facebook to ban him "for security reasons" (his name *is* Mustafa Fteja, after all) the Slashdot collective would be chewing out Facebook and calling for blood.

    2. Re:Okay, why was he booted off? by Anonymous Coward · · Score: 0

      He agreed to the ToS. Facebook is not obligated to tell him anything beyond that he was suspended.

    3. Re:Okay, why was he booted off? by Anonymous Coward · · Score: 0

      Why is this modded interesting? I reserve the right to not have you in my store if I don't like you - how is this any different?

    4. Re:Okay, why was he booted off? by Derekloffin · · Score: 1

      I got to agree. The least they could do is tell the guy what rule he supposedly violated. He is very likely to ultimately lose, but a little consideration from Facebook to actually say precisely what the issue was would be nice.

  29. He has one valid point by KnownIssues · · Score: 5, Insightful

    While $500,000 is ridiculous for compensation from a free service, I do feel he has one valid point: if Facebook has disabled his account for any reason, they should provide it to him and give him some avenue to correct the situation. Even though it's a free service, with over 500 million active users, it's a pretty ubiquitous and universal service. It might not be wise to come to depend on it, but it's certainly understandable how someone would. If Google seemingly arbitrarily disabled your Gmail account (insert free but depended on email service here) would you be as dismissive?

    1. Re:He has one valid point by guybrush3pwood · · Score: 1

      If Google seemingly arbitrarily disabled your Gmail account (insert free but depended on email service here) would you be as dismissive?

      Yes, since you're not paying for it. It's not like you don't have an alternative to gmail.

      --
      Perhaps I'm trolling, perhaps I'm not.
    2. Re:He has one valid point by Burpmaster · · Score: 1

      Your argument is wrong because an egg will break if you drop it.

    3. Re:He has one valid point by guybrush3pwood · · Score: 1

      What argument? It was only an answer to a question, as in:

      • Q: Would you be as dismissive if Google seemingly arbitrarily disabled your Gmail account?
      • A: Yes.

      But by all means, feel free to believe you sounded smart...

      --
      Perhaps I'm trolling, perhaps I'm not.
  30. Re:With a name like that.... by CRCulver · · Score: 1

    The word "fifth" doesn't really count here, as <th> is a digraph representing a different sound than <t> alone.

  31. Vindicated again... by ZorinLynx · · Score: 1, Offtopic

    Once again I'm so happy I no longer have a Facebook account.

    I really hope Facebook ends up being a passing fad. The best thing about the Internet is that it is decentralized. *Everyone* using a service like Facebook ruins that and gives one company too much power.

    1. Re:Vindicated again... by Anonymous Coward · · Score: 0

      This "face book".... that's the thing with the farm, right? The one my daughter stares at all day and has to be told to shower and go to bed, even though she's 17? Good thing I'm learning Mandarin.

  32. LOL by Anonymous Coward · · Score: 0

    WOW! This guy is obviously retarded!...not to mention obsessed. I heard a similar story of someone trying to sue the maker of an MMORPG for banning his account. People get so obsessed with a game or site that they do crazy things when they're cut off. Of course he's going to lose this case!

  33. Treble damages by quixote9 · · Score: 0

    If it was Diaspora, I'd say, "Get a life." But I'm so sick of Zuckerberg's multi-billion smug mug, Facebook's lucky I'm not on that jury.

    1. Re:Treble damages by Locke2005 · · Score: 1

      Three times zero is still zero...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:Treble damages by Anonymous Coward · · Score: 0

      If it was Diaspora, I'd say, "Get a life."

      Yeah, you can say anything you want if you prefix it with "if it was Diaspora". I could say that if it was Diaspora, I could shoot rainbows out of my ass and cure cancer by meringue dancing, and nobody could prove me wrong because we don't even have a damn screenshot of Diaspora, let alone any accounts or servers running it on which we can GET accounts.

  34. "Justice" by Tarlus · · Score: 1

    From TFA:

    He claims he has a higher purpose than the money in going after the social network.

    "I'm not doing this for money. I'm doing this for justice. I believe there should be some, somewhere," he told The New York Post.

    If he actually won this, I wonder what he'd do with the $500k. Unless he donates its entirety to a good cause (charity, good of the community), he's doing this for the money.

    But the bigger question is, what exactly did he do that Facebook saw as a violation? For all we know he could have been posting inappropriate photos or harassing people...

    --
    /* No Comment */
    1. Re:"Justice" by Anonymous Coward · · Score: 0

      From TFA:

      He claims he has a higher purpose than the money in going after the social network.

      "I'm not doing this for money. I'm doing this for justice. I believe there should be some, somewhere," he told The New York Post.

      If he actually won this, I wonder what he'd do with the $500k. Unless he donates its entirety to a good cause (charity, good of the community), he's doing this for the money.

      If I'm robbed $1000, it's justice if I get my money back. And the person who robbed me has also probably wasted days of my time, incurred legal fees and probably caused me a great deal of stress or pain and suffering. So I'm still only breaking even if I get some compensation for that. (Sending a robber to jail is justice for "the people," that's a separate aspect.)

      Sure, the $500k seems excessive, though in all likelihood he's not expecting to get that much. Unless he's come up with some way to scam the court or he's taking the gamble that the court will overestimate his damages, he's not expecting to be any better off had Facebook not wronged him in the first place.

      Now, his lawyer may be egging him on to overestimate his damages and chances for success, since his fee is guaranteed. That's a confounding ethical issue for lawyers, though: it's hard to tell a dumb client no.

      Contrast this to the letters MediaDefender was sending out: they were hoping that people would just pay, and they probably didn't believe the damages were real. That's "doing it for the money."

    2. Re:"Justice" by NoSig · · Score: 1

      He may believe that there is no way to win the case and is instead seeking to force Facebook to change their practices which he sees as unjust through bad press such as this Slashdot story. If he kept money that he didn't expect to receive then that wouldn't be doing it for the money.

    3. Re:"Justice" by Anonymous Coward · · Score: 0

      I wonder what he'd do with the $500k. Unless he donates its entirety to a good cause (charity, good of the community), he's doing this for the money.

      Unless legal fees are included separately from that $500k, I'm betting he'll be giving a pretty good chunk of it to the lawyers...

  35. Re:With a name like that.... by brantondaveperson · · Score: 1

    sounds like libc to me

  36. Get off the computer bro! by zelkovamoon · · Score: 1

    Sounds to me like this dude needs to take a walk in the park, and maybe figure out how to use the good ol' envelope and stamp to keep up with folks. Regardless though, to get all upset simply because face book admins decided that for whatever reason they would not like him to utilize the servers that they ultimately pay for and maintain, is ridiculous. It would be understandable if it were something he had paid for; but he is using the service for free just like everybody else.... i assume. Besides, bro! Looking at monitors too much every day ruins your eyesight! You should go out and climb some mountains or something, i mean, face book isn't the greatest thing ever! So come on, make this random internet commentator proud and end your retarded lawsuit, and then go out there and splurge on the plentiful bounty of adventure that this great planet has to offer. Ha, ha ha, like the guy is going to read this comment. Not Happening, I know! Well, if he does, I have won the day my good ladies and gentlemen.

  37. Personal liability by Anonymous Coward · · Score: 0

    If you invite someone to your house, and they slip on your walkway and break a leg, you are going to be sued, even if it was their own clumsiness that caused the accident. Guess what, your insurance company will probably pay up because it is cheaper than going to court. If this person did not violate normal Facebook rules (spamming others, etc), then I think he deserves whatever he can pry from Facebook's bank account...

  38. Re:With a name like that.... by gnapster · · Score: 3, Interesting

    Fifty shiftless caftan-clad crofters eftsoon hefted bifteck loftily after their thrifty Lufthansa chieftain.

    I suppose that next, he'll say that compound words and suffixes don't count. I don't care. That was fun! And he's an AC.

  39. Not mutually exclusive by sakdoctor · · Score: 2

    Advertising and micro-payments are not mutually exclusive.

    Examples:
    You buy a game (macro-payment) and the greedy developer still shoehorns in obnoxious adverts, even patching them in after release.
    You pay for subscription TV which also comes loaded with ads.

    If you wish micropayments will replace ads, you'll get both.

    1. Re:Not mutually exclusive by Lumpy · · Score: 1

      You sir are highly enlightened to the human condition.

      Bravo.

      People will ALWAYS try to get away with as much as possible. Anyone saying otherwise is either naive or silly.

      I'm betting on silly.

      --
      Do not look at laser with remaining good eye.
  40. Facebook AntiSocial Networking by Anonymous Coward · · Score: 0

    The problem I have with Facebook is they disable accounts when trying to make new friends -- ie: friend requests -- so what's the point of a SOCIAL NETWORKING site when Facebook itself is antisocial!

  41. In his defense (kind of) by GodfatherofSoul · · Score: 1

    There's an issue of account ownership with all of these services. One of the reasons I've given up on Amazon Web Services (and my Google account on my Android phone) is information ownership. This guy probably has a lot of contact information locked up in Facebook that he can't get out anymore. I don't use Facebook, so I don't know how it works.

    But, if you look at Wikileaks and complaints of those Gmail has kicked out, depending on a 3rd party to maintain your cloud is a dangerous thing. When they pull the plug, they just do it. They don't give you any kind of exit strategy. Nevermind the privacy issues...

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  42. OMG! by Anonymous Coward · · Score: 0

    I enter my real name again and get an e-mail that my account is deleted now and they do not accept any further correspondence regarding that matter.

    You've finally found the hidden, super-secret way to actually get Facebook to delete your profile?!

  43. I'm not a US lawyer by Anne+Honime · · Score: 1

    ... but I have formal training in law science, and just because everyone here seems to think contract law applies, I would like to know if there are no other grounds to file such a suit upon. Namely, I personally wouldn't go the contract way, I'd rather fight on an undue and abrupt discriminatory situation. Going out of contract law in favor of a more general civil tort (is that the name ?).

    I think it would be possible to prove that while a majority of person have equal access to the service, having one's account terminated for no apparent reason is a breach of equality of rights. That would leave the burden of the proof on FB shoulders to actually prove this breach of equality wasn't unlawful and based upon objective reasons.

    Admittedly, this is just an hypothesis.

    1. Re:I'm not a US lawyer by bws111 · · Score: 1

      First, "equality of rights" only applies for certain things (race, religion, color, sex). Secondly, it would not be up to FB to prove anything, they are the ones being sued. It is up to the plaintiff to 'prove' that the reason they were denied access is because of one of the above reasons, and not for some other reason.

    2. Re:I'm not a US lawyer by Anne+Honime · · Score: 1

      Secondly, it would not be up to FB to prove anything, they are the ones being sued. It is up to the plaintiff to 'prove' that the reason they were denied access is because of one of the above reasons[...]

      I'm not so sure, but as I previously told I don't deal with US laws. The reason I have trouble to admit your opinion is because it's akin to what romans used to call a probatio diabolicum, that is to say an impossible proof to bring. The usual judiciary way to deal with such proofs is to gather evidence that the situation is abnormal - abrupt termination of service - and the given reason is too general to be satisfactory - 'breach of TOS' without specific motivation. Then the burden of proof is shifted on the shoulders of the defendant who is the only one in position to bring the proof to the court.

      As of your first statement, it certainly depends upon it is considered a statutory question or a common law one, but I have no clue to answer that.

    3. Re:I'm not a US lawyer by green1 · · Score: 1

      This actually makes sense, because it is my impression that under contract law he'd pretty much be screwed, because the only contract is the EULA/TOS which essentially says that Facebook can do anything they want at any time they want. (some people argue that EULAs or TOSs aren't valid, but without them he has no contract at all, and therefore no chance under contract law.

      Getting out of contract law is the only way, but the question becomes, where else can you go? You talk about discrimination, but there are only certain specific cases where discrimination is illegal, so unless his account was specifically terminated on the basis of his race, colour, religion, gender, disabilities, genetic information, or national origin, then there wouldn't be grounds there. I'm also not 100% certain that discrimination laws actually apply to this situation even in those specific cases.

      "Equality of rights" I'm not sure I'm familiar with this from a legal stand point, I like the idea that everyone should be treated equally, but I'm not sure that the law agrees. Just because I offer a ride to Jill who lives down the street doesn't force me to offer one to Jack who lives next door too. I'm allowed to provide a service to one, and not the other, without the other having any legal recourse against me. Even if I were operating a business, I'm allowed to select my customers without being forced to accept the ones I don't like. Businesses do it all the time. How is this case different?

      I personally think that any service as large as Facebook should have to face consequences if they unjustly terminate someone's account. That said however, I don't believe that there is actually any law that agrees with me on this, nor am I entirely certain that I would want there to be one.

  44. Contrarian view: go for it! by mlwmohawk · · Score: 1

    While a lot of people dismiss this as a money grab, and it may very well be, but there are important societal issues here. OK, Facebook is a private business, we all get that, but at what point is a "private business" so pervasive or necessary that it is no longer "private?" If a private institution becomes vital, like AT&T in the last century, the government used the sherman act.

    I'm not saying Facebook is vital, but for a lot of people it is their primary contact medium. It may not be universally vital, but it may be to them. I am able to keep in touch and up to date with my extended family better than I ever had before now with Facebook. This is the *only* reason I have an account. If I were to have my facebook account shut off without any recourse, it would cost me some emotional loss. I hate admitting that, but if you use facebook at all, you may never admit it either, but you would secretly agree.

    Just as you can't deny general commerce in the U.S. (i.e. you can't deny serving someone because of the color of their skin) I don't think you have to right to arbitrarily deny service to someone without any sort of recourse. Let the suit go through and may service companies that we come to depend on, take their service seriously.

    1. Re:Contrarian view: go for it! by Anonymous Coward · · Score: 0

      Reality check time. If loss of Facebook access would cause you 'emotional loss', maybe you could take some extreme measures to prevent such loss, like getting your friend's email addresses, mailing addresses, telephone numbers, etc.

  45. He's not a customer, he's a vendor by ComfortablyAmbiguous · · Score: 1

    This suit makes a lot more sense if you view Facebook users the way Facebook views them; not as customers, but as vendors. Facebook's customers are the people that they sell data to. The users are simply vendors, selling their personal data in exchange for the social networking provided by Facebook. The suit simply claims that the user in question was not paid.

  46. Same as TV networks jamming reception? by CrispyZorro · · Score: 0

    Over air TV broadcast is free too. Could NBC jam a neighborhood's reception for an undisclosed reason?

    1. Re:Same as TV networks jamming reception? by bws111 · · Score: 1

      You can't jam signals for any reason, disclosed or not. However, NBC could decide to no longer be affiliated with the local TV station, thus 'depriving' you of access to NBC shows, and you would have no recourse.

    2. Re:Same as TV networks jamming reception? by CrispyZorro · · Score: 0

      Perhaps jam is the wrong word. Your example more clearly illustrates what I was getting at. There was a problem similar to this with satellite dishes a few years back. If you could get major network reception from your local transmitter, the dish company was not allowed to provide you with the same, presumably to protect local affiliates. There were exceptions but it was easier to tolerate a bad RF signal than argue with the satellite provider.

  47. Re:"Free" by Anonymous Coward · · Score: 0

    "Free as in 'Facebook'"

  48. Did they let him get the information out? by Anonymous Coward · · Score: 0

    While I dislike Facebook, and I believe that money shouldn't change hands, I'd like to know if they let him get the data he had in there out (like pictures, or whatever else you can host on Facebook).

    If Google disabled a person's account for any reason (well, maybe unless it was a court order), they should give the person enough time and support to help him/her withdraw the information.

    Otherwise, it becomes more like - "We own your data. You are leasing access to it from us. And we can cut you off whenever. Oh, but if you do something using our services that becomes a PR nightmare or legal issue, we claim that we hold no responsibility over the data."

  49. Monopoly + no due process = DRM for your identity by MobyDisk · · Score: 0

    Your situation is a perfect example of what our future might look like:
    1) NO DUE PROCESS.
    2) MONOPOLY
    This is a bad combination:

    Imagine if this was a retail store, not a web site. Perhaps they refuse to let you in until you told them your real name. And they don't believe you when you tell them it is Anti. You could make a scene, have people boycott the store, talk to the manager, and probably sue them for discrimination. But Facebook is a virtual entity - what is their tech support phone number? Where is there a store where you can talk to a manager? Where can you go to make a scene? And how can you sue them for denying you a free service? This is where there is NO DUE PROCESS.

    In a real store, you would just give them the finger and head to another store. But that doesn't work in the online because if your friends use Facebook, you can't see their updates with MySpace or LinkedIn. It doesn't work that way. This is the MONOPOLY part. We have an open system of commerce - I can buy something from retail store A, or retail store B, and I get the same item. But information services are a closed system. I can't connect to my friends unless I use the same proprietary system that they do.

    This is a really bad situation - and it might be the future unless we stop it. Sorry to get all Richard Stallman on everyone, but this is why we should not use closed systems like Facebook or Myspace for anything important. Don't store data in "the cloud" - it's DRM for your life.

  50. Re:With a name like that.... by Americano · · Score: 1

    I'm sure he'll be very distressed to learn that some ignorant AC on slashdot has decided he's spelling his own fucking name incorrectly.

    Does this mean you won't accept his friend request?

  51. Not the sharpest knife by Dreth · · Score: 1

    Even if you are unjustly banned from Facebook, you can come back and re-add all those people, at least the "main" ones, and work your way again to having 350 friends, I'm sure he didn't find them all in 2 days the first time around, and I genuinely doubt he kept in touch each and every single one of them. He can't learn their names and make a second account and look them up?

    He wasn't smart enough to ask for phone numbers and/or e-mails after contacting far away relatives?

    He can't use services like instant messengers?

    How did he survive before Facebook existed, suing telecommunication providers because their service fees were too high, thus prohibiting and/or limiting his access to contact loved ones from afar?

    Is all this still Facebook's fault?

    --
    All glory to Arstotzka!
  52. I guess little Bobby Tables is screwed by Quila · · Score: 1

    Pretty much for life.

  53. When does FB become a critical utility? by plopez · · Score: 1

    Disclaimer: IANAL

    I am serious about the question. Facebook is embedding itself into commerce and government. Congress critters, political groups, the military, NGOs, and businesses are using it for information exchange. At what point do nations decide that access to FB becomes so critical that arbitrary disconnection from the service cannot be done. Some places I have lived, where winter weather can be sub zero Fahrenheit, have ruled that natural gas and electric service is so critical that service cannot be disconnected during the winter since it would make the home unlivable, a de facto death sentence.

    Also, is FB becoming so important that an outage would begin damaging the economy? Would that also change the rules? Electric companies have to work fast to restore service in a natural disaster in many places since once again would be a death sentence for people. Would a FB outage become so devastating at some point that the same level of service is expected?

    Aside: FB is becoming so central to government, commerce, media, and personal lives that the Goldman-Sachs investment makes me uneasy. Not only do they have the ability to mine it for information, but also to control the information. I left FB due to the frequent security breaches. Now that G-S is involved I feel even more vindicated for leaving. At least until banks begin requiring a FB page as part of your credit check, no FB page no loan. I realize that last bit is edging into tinfoil hat territory but I can see it happening.

    --
    putting the 'B' in LGBTQ+
    1. Re:When does FB become a critical utility? by Anonymous Coward · · Score: 0

      > I realize that last bit is edging into tinfoil hat territory but I can see it happening.

      It's not *that* tinfoil. There have been proposals floated to make your FB account a 'single sign-on' ID for the internet. Banking? Online shopping? Use your FB account. Other random web sites? You don't have to sign up for each separate one, just use the same account everywhere.

      Seems preposterous? Well, so did the idea of 500+ millions giving their private data to the same for-profit company voluntarily, not that many years ago. Never underestimate what a pack-animal mentality can do over the long run.

    2. Re:When does FB become a critical utility? by green1 · · Score: 1

      Some places I have lived, where winter weather can be sub zero Fahrenheit, have ruled that natural gas and electric service is so critical that service cannot be disconnected during the winter since it would make the home unlivable, a de facto death sentence.

      But those same places likely allow disconnection of telephone, cable, and internet since none of those can cause you to actually and physically die. (even places that require that a phone line be left, only require it be able to call 911 and nothing else (do these jurisdictions even still exist?)) Even if you subscribe to the idea that Facebook is important, you still have to decide at what level of importance they actually are. And then you have to realize that they fall somewhere bellow heating your house, being able to call 911, and even likely below internet access.

      On a side note, I live in a jurisdiction where not only does it get "below zero" it gets a LOT colder than that. Our electric company doesn't normally shut off your electricity in the winter, but they do put a restriction on it that will limit how much electricity you can use (essentially enough to power your furnace and fridge, and nothing else) I talked to one of their reps at one point, he stated that they can (and depending on the situation, occasionally do) shut off service completely, even in winter, the only reason they use the limiters most of the time is for PR, they don't like the headlines if people freeze to death because they didn't pay the electric bill.

  54. Wait... by Anonymous Coward · · Score: 0

    Why can't he just register a new account? Would it be that hard to find all his important friends? You gotta figure enough of them have friends-who-were-also-his-friends so it shouldn't be too hard...

  55. Journalism by Stenchwarrior · · Score: 1

    Maybe I'm confused about how this site is supposed to work, but it seems like in the past the articles were more from the author's point of view instead of just regurgitation and links back to other journalists who actually did the research. What am I missing?

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  56. Re:"Free" by Anonymous Coward · · Score: 0

    There is value, just not cash. The word you seek is 'barter'. In the facebook case personal info in exchange for access to the 'service'.

  57. Oh the irony... by UBfusion · · Score: 1

    If what he did is was to totally get rid of paper and pencil, he might actually have lost everything for good. His case is a great lesson for the layman: the ultimate backup still is paper and pencil - you use them with your own 'TOS' with the additional benefit that information on paper disappears only if lost, burnt or washed in a wash-machine. In the same sense, I don't trust my hard disks or memory sticks to preserve what I consider vital info and I am very reluctant to use any cloud-based or remote storage service.

    The irony of it is that while FB implicitly or explicitly does not provide any guarantees that my information will be safe and accessible to me as long as my account is active (and this is what they'll claim at the trial), at the same time they surely regularly back it up ad nauseam to make sure it is accessible and remains accessible to their 'partners', even after they have received my certificate of death or even beyond that.

  58. suing back by tchdab1 · · Score: 0

    Makes me wonder if I can sue the RIAA because Led Zepplin or (insert band here) never released more albums.

  59. Like by joeyspqr · · Score: 1

    isn't there supposed to be a link here?

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    +1 fashionably cynical
  60. Never Going To Win by Anonymous Coward · · Score: 0

    1. Why did Facebook disable his account? Was he violating the agreement by posting nude pictures or something.
    2. Has this guy ever heard of EMAIL or INSTANT MESSENGER. Both services are free, allow near real time communication, contain address book functionality and in the case of IM even video chat.
    3. $1500 per friend...seriously? How many of those 340 does he actually communicate with on a regular basis? If he communicates with that many over online perhaps he should consider this a blessing so he can go out and rejoin the world by making local friends he can actually hang out with. It is called socializing and it is becoming a lost skill.

    Todays world is full of frivolous law suits it is shame that with the actual economic problems this is what people are spending money on.

  61. I wanna jump on a Class Action bandwagon. by Anonymous Coward · · Score: 0

    They cancelled my account long time a go too because I was converting all of my friends from MySpace to Facebook and they said I was adding too many friends too fast. I WANT MY ACCOUNT BACK, FACEBOOK.

  62. Surprised nobody mentioned this... by Anonymous Coward · · Score: 0

    While I am not familiar with their system for terminating accounts, I highly doubt they banned him by IP. While he likely has no chance of recovering the content, if his contacts with his friends were important, can he not just make a new facebook? I am sure they have a clause saying that once your account has been terminated, you can't make another one, but I doubt they actually track it.

  63. Happened to an aquaintance by Anonymous Coward · · Score: 0

    Took about 3 weeks for him to get an account. His Surname is "Hacker."

  64. It's not free if there are ads by Anonymous Coward · · Score: 0

    how can facebook be free if it's worth a trillion dollars?

  65. Facebook asked for this by vsync64 · · Score: 1

    I would scoff at this guy if not for Facebook insisting on becoming integrated into every Web site and application possible. Positioning themselves as a trusted authentication broker, and banning alternate accounts, puts them in a position of a bottleneck for access to information and services. Honestly, I'd try to find - in addition to friends and family - a business that he had authenticated with using Facebook, and then sue them for tortious interference of contracts, or whatever the legal jargon is.

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    TO BUY A NEW CAR WOULD MAKE YOU SEXUALLY ATTRACTIVE.
  66. Re:With a name like that.... by Max_W · · Score: 1

    FTP

  67. why? by hesaigo999ca · · Score: 0

    Why did he get cut off, maybe he lives in egypt? Not facebook's fault!

  68. Not FREE as in not a beer and not a bird. by nthcolumnist · · Score: 1

    Free is just the $0.00 price tag. It isn't a charity. fb farms your contacts, sells your privacy, pwns your identity. Surely that is payment enough. fbookers give it away far too cheaply if you ask me. Then there are the terms and conditions - a contract - if you will. "We the undersigned, one soul all eternity etc. etc." fb set the terms - did they breach their own terms? If so - stupid fb, clever Albanian.

  69. Re:With a name like that.... by Anonymous Coward · · Score: 0

    Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl ftagn.

  70. Re:With a name like that.... by DrakeMcSmooth · · Score: 1

    In addition to the anti-law enforcement sentiment expressed here, this could also pertain to an old protocol once used for the transfer of pornography and pirated computer games. Deftones playing at halftime?

  71. Would you provide Facebook with 'Government issued by akayani · · Score: 1

    Hi,

    Thanks for providing this information. At this time, we cannot verify the ownership of the account. [Despite that it uses a Uni email and a credit card for validation, despite my whole family tree being linked, despite that I changed nothing since it was set up?] Please reply to this email with a digital image of a government-issued ID (e.g., driver's license, passport). If possible, save the file in JPEG format. Make sure the following information is clear:

    - Full name
    - Date of birth
    - Photo

    You may black out any personal information that is not needed to verify your identity (e.g., social security number). Rest assured that we will permanently delete your ID from our servers once we have used it to verify the authenticity of your account. Note that we will not be able to process your request unless you send in proper identification. We apologize for any inconvenience this may cause.

    Thanks,

    Liam
    User Operations
    Facebook

    Would you provide Facebook with 'Government issued photo ID?

    I'd post more information but I hit the junk mail filter. I responded to this by providing Facebook with 50 names of clearly fake accounts. All of those were deleted. I believe the reason why I was banned was for making positive comments in support of Wikileaks on the Amazon Facebook page but I can't really say as despite 30 emails requests this is the only response I ever received. Leading up to the my name you 'copied' and a fake profile created the owner of which was an Israeli who travelled around Facebook pages supported by Arabs abusing them in my name. Despite at least 20 people reporting the fake it too Facebook 3 months to close this person's account. Indeed my account was close and the fake remained active for a further 2 weeks.

    The was the 2nd account that was destroyed! Both account had in excess of 200 friends. The reason was purely political. You can't be an educated and informed person and be active is supporting young people in Palestine period! Everyone who attempts to do this looses their account. And you most certainly cannot do what I did and track user names of Israeli supporters who are setting up Facebook pages such as "Australians AGAINST having an Islamic state in Australia.." or using the Australian Prime Minister's page as a place to throw mud on the Muslim community while pretending to be Australians. And it is very easy to pick who people are even when they change user names by reviewing the linguists of how they write. They are given away by their mistakes.

    If there is a class action please tell me as I know at least 20 others who have been affected and are ready to sign up!

  72. Re:"Free" by coolmadsi · · Score: 1

    Sure, so help me out - what's the nifty new term for non-cash value trades?

    Bartering? Well, I wouldn't call it new...

  73. No Social Network is REALLY FREE by Anonymous Coward · · Score: 0

    Facebook is NOT FREE and nor is any other social network. It's the equivalent of giving somebody a plot of land and then tell them that they can build on it, furnish it, and turn it into a thriving ranch or spectacular village, city or metropolis. And after they've done so, then you pick out one individual and kick him out without paying him 1 PENNY for all the sweat and tears he's put into building his house, ranch, store, or factory because you have some issues with that person.

    The question is, what benefit did you stand to gain from giving away the plot of land in the first place? The answer is simple: You wanted "others" to build this community FREE OF CHARGE to you so you could in turn earn TAX REVENUES from the public. In the case of a social network, the equivalent of tax revenues is ADVERTISING REVENUES from THE ADVERTISERS "DIRECTLY" and from the SOCIAL NETWORK MEMBERS "INDIRECTLY." After all, it's ultimately the SOCIAL NETWORK MEMBERS who are targeted by the ADVERTISERS; and who eventually wind up COUGHING UP THE CASH to the advertisers that is used to pay the social network.

    Therefore, the idea that these social networks are FREE is an INSULT TO OUR INTELLIGENCE. It's at best a QUID PRO QUO service. So if you want to kick someone off the land, then you need to properly compensate them for the "fair value" of their sweat and tears. And the only place to determine that is in the courts.