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

Remote control for virtualized desktops

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
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
NSA SOURCE CODE LEAK: Information slurp tools to appear online
Now you can run your own intelligence agency
Microsoft: Your Linux Docker containers are now OURS to command
New tool lets admins wrangle Linux apps from Windows
Microsoft adds video offering to Office 365. Oh NOES, you'll need Adobe Flash
Lovely presentations... but not on your Flash-hating mobe
You stupid BRICK! PCs running Avast AV can't handle Windows fixes
Fix issued, fingers pointed, forums in flames
HTML5 vs native: Harry Coder and the mudblood mobile app princes
Developers just want their ideas to generate money
prev story

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
Why CIOs should rethink endpoint data protection in the age of mobility
Assessing trends in data protection, specifically with respect to mobile devices, BYOD, and remote employees.
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.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Mitigating web security risk with SSL certificates
Web-based systems are essential tools for running business processes and delivering services to customers.