Facebook, Inc. V. Power Ventures, Inc. 1 Facebook, Inc
Facebook, Inc. v. Power Ventures, Inc. 1 Facebook, Inc. v. Power Ventures, Inc. Facebook, Inc. v. Power Ventures, Inc. United States District Court for the Northern District of California Date decided May 11, 2009 Citations 91 U.S.P.Q.2d 1430 Judge sitting Jeremy D. Fogel Case holding Case Pending; Defendant's Motion to Dismiss Denied; Defendant's Motion for a more definite statement Granted in Part, Denied in Part. Keywords Copyright, DMCA, Lanham Act, Trademark, Unfair Competition Facebook, Inc. v. Power Ventures, Inc. is a lawsuit brought by Facebook in the United States District Court for the Northern District of California alleging that Power.com [1], a third-party platform, collected user information from Facebook and displayed it on their own website. Facebook claimed violations of the CAN-SPAM Act, the Computer Fraud and Abuse Act ("CFAA"), and the California Comprehensive Computer Data Access and Fraud Act.[2] According to Facebook, Power.com made copies of Facebook’s website during the process of extracting user information. Facebook argued that this process causes both direct and indirect copyright infringement. In addition, Facebook alleged this process constitutes a violation of the Digital Millennium Copyright Act ("DMCA"). Finally, Facebook also asserted claims of both state and federal trademark infringement, as well as a claim under California's Unfair Competition Law ("UCL"). Power.com filed a motion to dismiss the case (or in the alternative, a motion for a more definite statement), but Judge Fogel denied the motion. In a counter-claim, Power.com alleged that Facebook engaged in monopolistic and anti-competitive behavior by placing restraints on Power.com's ability to manipulate users' Facebook data even when their consent was given.[3] Background Power Ventures operates Power.com, a website that enables its users to aggregate data about themselves that is otherwise spread across various social networking sites and messaging services, including LinkedIn, twitter, Myspace, and AOL or Yahoo instant messaging.
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