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  • Aug 19th, 2009 @ 2:34am

    ToS Abuse

    There is more to the claims then you are giving the litigants credit for. In 2004 Facebook had a somewhat reasonable ToS now the ToS is abusive to users that have contributed time and energy to making Facebook a top social network. If this ToS were a standard contract between equal negotiating parties this would never happen. When one party abuses a contract of adhesion like this there should be a cause of action.

    Did the litigants in this case plead the right claims? I do not know, I will have to read the complaint closer. But the complainants have a very real problem with the ToS, they should not be abused like this.

    Here is one example from the complaint of an unreasonable change:
    2004
    “You may remove your Member Content from the site at any time. If you choose to remove your Member Content, the license granted…will automatically expire.”

    2009
    On February 4, 2009, Facebook revised its Terms of Service, a document Facebook asserts it is legally permitted to update “AT ANY TIME WITHOUT INFORMING USERS.”

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