Posted: May 6th, 2010 | Author: Elias Bizannes | Filed under: perspective | Tags: facebook, power.com, terms of service | 3 Comments »
Buy iressa, In the past, we've been contacted by Power.com about their long-standing conflict with Facebook, but which seems to have been dismissed by Facebook management as a petty distraction. Order casodex online, The Electronic Frontiers Foundation has now got itself involved, urging a federal judge to dismiss Facebook's claims - which is, cheap iressa no prescription, Nebraska NE Nebr., that criminal law is violated when its users opt for an add-on service that helps them aggregate their information from a variety of social networking sites. Some very important points have been raised that I've quoted below from the press release:
"California's computer crime law is aimed at penalizing computer trespassers, ordering zometa overnight delivery, Buy evista, " said EFF Civil Liberties Director Jennifer Granick. "Users who choose to give their usernames and passwords to aggregators like Power Ventures are not trespassing, acquistare a buon mercato arimidex. Evista price, Under Facebook's theory, millions of Californians who disregard or don't read terms of service on the websites they visit could face criminal liability, buy evista. Also, any Internet company could use this argument as a hammer to prevent its users from easily leaving the service as well as to shut down innovators and competitors."
Even the simple use of the automatic login feature of most browsers would constitute a violation under Facebook's theory, since those services are "automatic means" for logging in, buy iressa. Nevada NV Nev., But the risk for users is even broader. If any violation of terms of use is criminal, kjøpe iressa, Ordering gleevec overnight delivery, users who shave a few years off their age in their profile, claim to be single when they are married, Missouri MO Mo., Mississippi MS Miss., or change jobs or addresses without updating Facebook right away would also have violated the criminal law.
"The information you put into social networking sites is yours, ordering epogen no prescription, Order arimidex online legally, and you should be able to access it, export it, capecitabine online, Billig evista apotek, and aggregate it as you please," said EFF Legal Director Cindy Cohn, buy zometa without prescription. Louisiana LA, "If Facebook's legal argument is upheld, it will hobble companies that enable consumer choice, Minnesota MN Minn., Acheter en ligne iressa, as well a create a massive expansion in the scope of California criminal law."
For the full brief:
http://www.eff.org/files/filenode/facebook_v_power/poweramicus.pdf.
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Posted: July 10th, 2009 | Author: Steve Repetti | Filed under: Uncategorized | Tags: data portability, dataportability, dpp, facebook, jason kincaid, lawsuit, power.com, techcrunch | 1 Comment »
Order cheap cytoxan online, Yesterday, social aggregator POWER.COM filed a countersuit against Facebook that raises some thorny issues for Facebook and adds some interesting defenses for the case of data portability and personal data ownership. It is not yet clear from reading the pleadings whether either party will win in this escalating case (there are some key issues and concepts on both sides that a Court will have to wade through), but it is clear the issue of Data Portability comes center stage.
Jason Kincaid over at TechCrunch released an interesting article on the subject, Köpa billiga epogen, “Power.com Countersues Facebook over Data Portability,” along with a copy of the counter-suite.
In their opening salvo, Arkansas AR Ark., Power steps up to the soap box and discusses “a borderless Internet where users have the right to own and control their own data” and goes on to present their recently adopted “Internet User Bill of Rights:”
This is great stuff for users and data portability, Købe gleevec, and in many ways mirrors much of our work over at the Data Portability Project (http://www.dataportability.org), however it has little to do with what Facebook is doing in the context of their site or their lawsuit. It does, Alabama AL Ala., however, Om iressa online, place Facebook in a position of having to answer why it does not agree with these principals.
Thus far, Facebook has tread cautiously as it relates to user data and rights therein, order arimidex without prescription. They do not wish to give away the store or proprietary and competitive advantage, nor do they wish to (further) incur the wrath of its users by inflicting too many restrictions, order cheap cytoxan online. Many of us hoped that a number of Facebook’s recent initiatives signaled their willingness to explore a leadership role in this highly important area. Buy cheap iressa, Unfortunately, the pleadings conflict with this hoped for direction.
From Facebook’s perspective, New Hampshire NH N.H., Power.com violated Facebook’s stated terms and conditions; the contract that establishes the relationship between the parties for the use of the site. Every Facebook user has agreed to this (or they wouldn’t be using the site), Ordering epogen online, but, like virtually every other “terms and conditions” document, it is overly broad, Virginia VA Va., highly protective, Comprar evista barato, filled with legalese, and generally ignored by most actual users. It is merely the lack of enforcement by the provider (in this case Facebook) that keeps these things out of court more often. (The standardization and simplification of this topic is also the subject of much work over at Data Portability and other advocacy organizations), cheapest cytoxan. Order cheap cytoxan online, Power.com counters by saying they are doing nothing that Facebook isn’t already doing themselves, and, besides, theirs (they believe) is the right way anyway. It is clear that Facebook does not agree with this position but now is in the difficult position of explaining why many of the good points that Power.com raises are not valid within Facebook. Cheap cytoxan overnight delivery, Still, Facebook is a privately held company and they get to decide what is allowed or not. No court, buy capecitabine online cheap, other than the one of public opinion, Billig zometa apotek, can force them to do what they do not want to do – unless the legal line is crossed.
And while I do not believe that Power.com has a leg to stand on when trying to win based on how much “screen scraping” of data is allowed (Facebook’s terms and conditions say none), they have raised some interesting issues that could inspire both the court of opinion and the hollowed halls of justice, cheap epogen overnight delivery.
At the very least, Facebook is highly conflicted, order cheap cytoxan online. It does not own the copyrights associated with all of the information available on its site; it does use some of the very techniques with 3rd-party sites that it accuses Power.com of using against Facebook; it has moved in the direction of providing greater access to its data; and it is party to litigation that potentially represents a PR quagmire. Cytoxan for sale, More significantly for Facebook, Power.com raises the issues of “Restraint of Trade” and “Restraint on Competition” regarding data portability which both lead to the dreaded “M” word: MONOPOLY. Specifically:
“Facebook’s conduct restricting users’ ability to access their own data constitutes an unlawful restraint of trade under Section I of the Sherman Act.”
“Facebook’s conduct constitutes monopolization (or attempted monopolization, comprar cytoxan barato, ed.) of the market for social networking website services in violation of Section 2 of the Sherman Act.”
With all of the issues at hand,
Billige cytoxan Apotheke, I predict that there will be chest banging and posturing by both sides, some “interesting” press conferences, followed by a negotiated settlement that washes the issue aside and lets both parties (partially) save face,
cheapest iressa price. Regardless,
Ordering iressa online, Facebook will likely take a PR “black eye” over this.
But I submit there is another, better, buy capecitabine no rx, solution: Facebook should not only continue its current efforts of data portability and accessibility, Halvalla gleevec apteekki, but become the leading player on how to do it right! Users would benefit, Facebook would be crowned a friend to all proponents of Data Portability, and the lawyers would find something else to do, West Virginia WV W.Va.. In absence of such, Acheter capecitabine, Facebook risks becoming the view in the rear view mirror for the company that actually does get it right.
IMHO.
Steve Repetti
www.radwebtech.com.
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