Why is TechCrunch Suing Facebook for $25M?
Back in November, I wrote about Facebook facing a huge privacy slapdown over social advertising. Michael Arrington, founder and co-editor of TechCrunch, is obliging us by attempting just such an action — and, as in professional wrestling, for him it’s all about the timing.
In his excellent public explanation, Mr. Arrington cites a California law which protects the individual right of publicity, allowing for fines, legal fees, and a $750 statutory damage per incident. Arrington’s lawyers plan to argue that each time the ad is served, it constitutes an individual incident; through math and Comscore data, they arrive at a possible $150 million claim.
However, didn’t Mr. Arrington give consent for this kind of thing by approving Facebook’s terms of use agreement? After all, there is an option to opt out of this kind of advertising, which he didn’t take. Well, sure. “Our lawyers say that’s a pretty good defense, but that they can most likely win over a jury anyway if they focus more on emotional issues rather than the actual facts and legal precedent,” writes Arrington.
Hats off to Mr. Arrington, for tweaking Facebook and his own image, and for injecting a shot of IP law Aprils Fools Day humor for us all. Thanks!
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