Florian Cramer on Mon, 11 Jan 2010 16:23:30 +0100 (CET)

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<nettime> ***SPAM*** Re: Facebook demands Cease & Desist for the "Web 2.0 Suicide Machine"

On Monday, January 11 2010, 12:38 (+0100), sans.spleen wrote:
> I would definitely publish the letter on line, and spread the link   .
> around. 

www.suicidemachine.org has done that already - there is an anonymized
facsimile scan of the lawyer's letter on their homepage. For the
convenience of Nettime readers, I OCR-edited the PDF.


January 6. 2010

Web 2.0 Suicide Machine

Re: Cease and Desist Violating Facebook's Statement of Rights and

Dear Sir,

We represent Facebook Inc., based in Palo Alto, California. It has come
to Facebook's attention that Moddr, through its website located at
www.suicidemachine.org, is (1) soliciting Facebook user login
information, (2) accessing Facebook accounts that belong to others, (3)
scraping content from Facebook, (4) sending unauthorized commercial
communications, (5) falsely asserting that Moddr has partnered with
Facebook, and {6) infringing Facebook's intellectual property rights on
and through www.suicidemachine.org.

*Facebook demands that you cease this activity immediately.*

Among other things, your solicitation and storage of usernames and
passwords outside of the protected Facebook environment, and your
intrusive automated scripting on the Facebook Platform, violate
Facebook's Statement of Rights and Responsibilities ("Statement").
Facebook takes the protection of its users' privacy and the security of
their data very seriously and is committed to keeping Facebook a safe
place for users to interact and share information.  Facebook has
developed its Statement to protect its users and to facilitate these
goals. The Statement specifically prohibits:

- Soliciting users' Facebook login information;

- Accessing a Facebook account belonging to someone else;

- Collecting Facebook users' content or information using automated
means such as scripts or scrapers without Facebook's permission;

-  Sending or otherwise posting unauthorized commercial communications
(such as spam); and

- Using Facebook's intellectual property, including Facebook's copyrights
or trademarks without written permission.

See http://www.facebook.com/terms.php

In addition to breaching Facebook's Terms, the www.suicidemachine.org
website may violate the Computer Fraud and Abuse Act, 18 U.S.C. § 1030;
the California Comprehensive Computer Data Access and Fraud Act, CA
Penal Code § 502(c); the Califomia Anti-Phishing Act of 2005, CA Bus.
and Prof. Code § 22948, et seq.; the Copyright Act, 17 U.S.C. § 502 et
seq.; the Lanham Act. 15 U.S.C. § 1125(a), et seq.; and state laws
prohibiting interference with Facebook's business expectations and

Please respond to me in writing no later than Monday, January 11, 2009,
confirming that you:

1. Have stopped and will refrain from soliciting Facebook user login
information, except through an authorized means, such as Facebook Connect;

2. Have deleted and destroyed any and all Facebook user content that was
obtained through www.suicidemachine.org, including but not limited to user
login credentials, usernames, Facebook user photos, profile information,
or any other information "scraped" from the Facebook website;

3. Have stopped and will refrain from utilizing automated scripts on
Facebook websites;

4. Have stopped and will refrain from sending or posting unauthorized
commercial communications;

5. Have removed all references to Facebook on www.suicidemachine.org; and

6. Will in the future strictly comply with Facebook's Terms, Facebook
Connect Policies, Developer Platform Guidelines, and any other applicable
Facebook policies.

Should you choose to ignore this letter and continue your current improper
conduct, Facebook is continuing to evaluate its options and reserves the
right to take whatever measures it believes are necessary to enforce
its rights, maintain the quality of its site, and protect its users'
privacy and information.

Very truly yours,

blog:     http://en.pleintekst.nl
homepage: http://cramer.pleintekst.nl:70

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