Feeds

Judge throws out lawsuit lobbed at Facebook for using kids' pics in targeted ads

Court rules children consented when they signed the Ts&Cs

Top 5 reasons to deploy VMware with Tegile

A judge has thrown out a potential class action lawsuit against Facebook over its use of photos of minors in targeted ads, ruling that the users gave their consent when they signed up for the social network.

The suit accused the firm of "commercial misappropriation" of the names and pics of minors who were using the social network by sticking them in targeted advertising. The case was hoping for class action status representing all minors who had used Facebook and had their names stuck in an ad.

But District Judge Richard Seeborg said that the folks trying to sue Facebook had failed to show that its "statement of rights and responsibilities" (SRR) was unenforceable. This statement, which governs the use of the site, was equivalent to written consent to the use of their names and profile photos for anyone who signed up, the judge said.

"Facebook users have, in effect, simply granted Facebook the right to use their names in pictures in certain specified situations, in exchange for whatever benefits they may realise from using the Facebook site," Seeborg wrote in his ruling.

The social network had claimed that it didn't invade its users' privacy but only took information that people had voluntarily shared with their Facebook friends and republished it to those friends as a recommendation, occasionally with an attached advert.

The plaintiffs tried to argue that the statement of rights and responsibilities didn't apply to minors because minors in California can't sign such a contract, but Seeborg said that the default rule that minors could sign contracts in the same way as an adult applied to the statement.

"Plaintiffs have offered no facts or legal theories upon which they would be entitled to a declaration the SRRs are unenforceable," he said. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
Google+ goes TITSUP. But WHO knew? How long? Anyone ... Hello ...
Wobbly Gmail, Contacts, Calendar on the other hand ...
UNIX greybeards threaten Debian fork over systemd plan
'Veteran Unix Admins' fear desktop emphasis is betraying open source
Preview redux: Microsoft ships new Windows 10 build with 7,000 changes
Latest bleeding-edge bits borrow Action Center from Windows Phone
Microsoft promises Windows 10 will mean two-factor auth for all
Sneak peek at security features Redmond's baking into new OS
Netscape Navigator - the browser that started it all - turns 20
It was 20 years ago today, Marc Andreeesen taught the band to play
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
Redmond top man Satya Nadella: 'Microsoft LOVES Linux'
Open-source 'love' fairly runneth over at cloud event
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.