Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account–Long v. Dorset
Long is a book author. He ran a Facebook business page to promote his work. An interloper, using the alias “Tammy Dorset,” gained administrator access to the Facebook page. Once in control of the page, Dorset allegedly posted items that infringed Long’s rights and disseminated a virus. After 8 days, Long convinced Facebook to pull the plug on Dorset, which also removed Dorset’s infringing posts. Long sued Facebook for copyright infringement and negligence for Dorset’s activities.
Copyright. Dorset caused the copying. Long didn’t sufficiently allege volitional conduct by Facebook. Long’s complaints didn’t turn Facebook’s non-action into volition.
Long didn’t allege Facebook’s direct financial benefit from Dorset’s infringement.
With respect to contributory infringement: “Viewing the screenshots in conjunction with the text of Long’s accompanying emails, the list of links to his website that Long also attached (which themselves included a different set of text and images), and Long’s simultaneous request to restore his page administrator status, the Complaint fails to plausibly establish that Facebook actually knew precisely what infringing material was available on Facebook.”
Case Citation: Long v. Dorset, 2021 WL 1590391 (9th Cir. April 23, 2021)