posted by on Aug 28
Facebook Like Buttons Lawsuit
Facebook is facing yet another class action lawsuit, this time over its “Like” buttons. The Facebook like buttons lawsuit alleges the site uses pictures of minors for commercial gain, without parental permission. The class action was filed in Los Angeles, California today, August 28, 2010 on behalf of David Cohen and Shelby Orland, minors, and their guardians. Facebook will content that the nature of “Like” buttons and how they’re used is in the terms of the Facebook agreement, which every user must electronically “sign” in order to get a Facebook account.
But the loophole lies in California law, which is very specific about using names and images of minors for profit. To use a minor’s name or likeness for advertising, one must get the parent’s consent in order to get the minor’s consent. Plaintiffs are arguing that Facebook did not get parental permission, so getting minors’ permission doesn’t count for anything.
As seen in another Facebook class action lawsuit, Facebook states it will vigorously fight the allegations. One possible outcome of this Facebook class action is that minors, or those under eighteen, might have to get parental permission to sign up for a Facebook account. Parents would then be giving permission for their images and names to be used to advertise products and the Facebook website itself.
It’s claimed in the Facebook class action lawsuit that search engines come into play when someone searches on a name. A link to their facebook page will come up in the search results, encouraging the user to sign up for an account. In a nutshell, that illustrates how Facebook is using teenagers’ names to advertise itself.