Facebook Can Be Sued for Removing Nude Painting, French Court Rules

[GennGreymane]

http://time.com/4219485/facebook-nud...lflow_facebook

A French man sued Facebook for 20,000 euros

An appeals court in France ruled Friday that Facebook can be sued for removing the account of a person who posted an image of a famous painting that depicts a nude woman.

A 57-year-old Parisian teacher posted a photo of L’Origine du monde, Gustave Courbet’s realist depiction of a woman’s vagina, to his Facebook account five years ago, USA Today reports. Facebook suspended the user’s account and he responded by suing the company for 20,000 euros.

The painting hangs in Musée d’Orsay located in Paris.

The teacher’s lawyer told the Associated Press they were satisfied with the court’s ruling.

“On one hand, Facebook shows a total permissiveness regarding violence and ideas conveyed on the social network,” the lawyer said. “And on the other hand, (it) shows an extreme prudishness regarding the body and nudity.”

[Puupi]

So what?

Anyone can sue anybody about just about anything.

However, winning the case is completely different matter.

Facebook is a private corporation, it can censor the content in any way it wants to.

[Masark]

So what?

This kicks apart the forum selection clause in Facebook's TOS

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

The French court is declaring that that section of the TOS is invalid, which creates precedent that anyone can sue Facebook (and by extension, any other online service) in the courts of and under the laws of any nation.

[nextormento]

So what?

Anyone can sue anybody about just about anything.

That is pretty much the point.
Facebook says people who agree to the ToS abide by their rules, which state they can't be sued outside of California.
French people as a matter of their legislation are allowed to sue any company. Furthermore, companies can't just ask users to reject their rights.
They have a ToS that conflicts with France's legislation.

[Daerio]

Inc: France no longer has access to Facebook, must create their own.

[Sierra85]

Inc: France no longer has access to Facebook, must create their own.

quick, someone register Francebook.fr

[Deleted]

http://time.com/4219485/facebook-nud...lflow_facebook

Facebook is an american company, America loves violence but fears sexuality. Ok recently tits have become somewhat ok to show.

It's a private company and they can do whatever they want. (with their site, ok who am I kidding they can get away with a lot)

[Daerio]

Facebook is a private corporation, it can censor the content in any way it wants to.

Oh, and also this. Does it work that way in France? Because it might not.

It doesn't matter what the country of origin is for the company, we're talking about their right to exist in France, which means French law.

And presumably the guy wouldn't have brought the law suit if there wasn't a basis.

[Belize]

Won't someone think of the children!?

[AeneasBK]

Yeah I've waxed lyrical on facebook about how they seem okay (and by that I mean you report the video as unsuitable they 'review' it and say "We find nothing unsuitable about this video") for people to post gore-filled videos of industrial accidents (the most inappropriate was the gentlemen who was nearly severed at the waist by a large circle saw. Yes great you're raising awareness of safety in the workplace but facebook is not the place to do it) but a little bit of flesh gets you flagged.

[GennGreymane]

Won't someone think of the children!?

Dont tell people to do that! You dont know what kinda sickos post here!

[Gorgodeus]

Facebook is a private corporation, it can censor the content in any way it wants to.

You assume US law applies in other countries. It does not.

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That is pretty much the point.
Facebook says people who agree to the ToS abide by their rules, which state they can't be sued outside of California.
French people as a matter of their legislation are allowed to sue any company. Furthermore, companies can't just ask users to reject their rights.
They have a ToS that conflicts with France's legislation.

ToS only applies to the country it originates in, and even then, is not considered law.

[Deleted]

This kicks apart the forum selection clause in Facebook's TOS



The French court is declaring that that section of the TOS is invalid, which creates precedent that anyone can sue Facebook (and by extension, any other online service) in the courts of and under the laws of any nation.

this one has essentially been dead forever - The European court has already declared itself the final authority on anything relating to the 'market' -

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You assume US law applies in other countries. It does not.

I love the DMCA notices to non US jurisdictions, i really do.

ToS only applies to the country it originates in, and even then, is not considered law.

Most American companies are under the delusion that ToSes don't only do the first, and are the second.

[Deleted]

Inc: France no longer has access to Facebook, must create their own.

Yeah, the problem is that if they do that, other nations will follow suit. Facebook can't lose the countries who actually have a large internet usage. Sure, they can remain a US only company... but they didn't become big doing that, did they?

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Facebook is an american company, America loves violence but fears sexuality. Ok recently tits have become somewhat ok to show.

It's a private company and they can do whatever they want. (with their site, ok who am I kidding they can get away with a lot)

No, that's the point. French authorities say that Facebook needs to respect the French laws while French users use it.

[Tyrianth]

Facebook is an american company, America loves violence but fears sexuality. Ok recently tits have become somewhat ok to show.

It's a private company and they can do whatever they want. (with their site, ok who am I kidding they can get away with a lot)

And the French government is able to freeze any assets Facebook might have in France or disallow them from doing business at all in France until they comply with French law.

[Kaganfindel]

Is there a law in France against closing someone's freely obtained social media account? Does France have some law the entitles the guy to access to Facebook? I don't understand on what grounds they're being sued.

[Tyrianth]

Is there a law in France against closing someone's freely obtained social media account? Does France have some law the entitles the guy to access to Facebook? I don't understand on what grounds they're being sued.

Based on this line:

“On one hand, Facebook shows a total permissiveness regarding violence and ideas conveyed on the social network,” the lawyer said. “And on the other hand, (it) shows an extreme prudishness regarding the body and nudity.”

Probably on the grounds of freedom of expression or something similar. Though anybody can sue for anything doesn't mean he will win.

[Tyrianth]

Time for some Frenchmen to invent Facebook. If Europeans don't like American laws, don't use American products. Seems simple enough.

If American companies don't like foreign laws don't do business outside of the US. Seems even simpler.

[ranzino]

Time for some Frenchmen to invent Facebook. If Europeans don't like American laws, don't use American products. Seems simple enough.

We, the european customers, are entitled to ignore your laws. usually US firms know that but facebook missed the news ?

[nextormento]

Do you know how the internet works? You realize that Facebook is a free site?

It has nothing to do with "the internet", but with them operating in France.
If they do business in France, getting other French companies to advertise on their site, capitalizing on the information that French citizens share, using French news sites, etc. they are subject to French legislation.