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Consumer Law Keyed to Whaley, 9th Ed.
Facebook, Inc. v. Power Ventures, Inc.
Citation:
844 F.3d 1058 (2016)Facts
Power Ventures, founded and directed by CEO Steven Vachani, operated Power.com, a social networking aggregation website. In December 2008, Power began a promotional campaign targeting Facebook users with the message “First 100 people who bring 100 new friends to Power.com win $100.” When Power users clicked “Yes, I do!” on Power’s website, Power accessed their Facebook data and caused messages to be transmitted to their Facebook friends, both internally within Facebook and through external emails. Facebook became aware of the campaign on December 1, 2008, and immediately sent a cease and desist letter instructing Power to terminate its activities. Facebook also implemented IP address blocks to prevent Power’s access. Despite this, Power deliberately circumvented the IP blocks by switching addresses and continued accessing Facebook’s computers and data without Facebook’s permission. Power admitted in discovery that after receiving notice its access was forbidden, it continued to take, copy, and make use of data from Facebook without permission. The campaign lasted until January 2009, resulting in over 60,000 external emails and numerous internal Facebook messages being sent.
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