Facebook User Agreement Upheld in Copyright Infringement Lawsuit Over Third Party App–Miller v. Facebook

23 01 2010

By Eric Goldman

Miller v. Facebook, Inc., 1:2009cv02810 (N.D. Ga. Jan. 15, 2010). Miller’s complaint filed in October 2009.

Miller makes the Adobe Flash videogame “Boomshine.” He alleges that defendant Yeo published a Facebook app, ChainRxn, that violates Miller’s “look and feel” copyright in Boomshine. In addition to suing Yeo, Miller sued Facebook for its role in providing access to the app. See Wendy Davis’ initial story on the lawsuit from October. Facebook defended on jurisdictional grounds, asserting that Facebook’s user agreement requires that the lawsuit should be heard in California, not Miller’s preferred venue of Georgia.


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