Facebook, INC v. ConnectU LLC, et al 

Introduction:
Facebook, Inc. and ConnectU LLC operate competing social networking sites on the internet.

Analysis:

Facebook contends that ConnectU was accessing the Facebook website to collection e-mail addresses of Facebook users and e-mailed these users to convince them to use the ConnectU website. Facebook also claims that ConnectU hired Pacific Northwest Software and Winston Williams to write software to aid in the collection of e-mail addresses not made available to the general public.

Facebook asserts seven causes of action. ConnectU wishes to dismiss five of these actions: Vionation of California Penal Code, Common Law misappropriation, Violation of California Business and Professional Code 17529.4 and 17529.45, and violation of 15 U.S.C. 7701.
ConnectU contends that they did not engaged in unauthorized access of the Facebook website and is not bound by the “terms and conditions of use” on the site. ConnectU does not address California Penal Code Section 502(c), so the motion to dismiss is denied.

ConnectU contends that Facebook’s claim of common law misappropriation is preempted by the federal Copyright Act. It is found that the entire site is not necessarily a work of authorship under the Copyright Act, and the e-mail addresses in question are not copyrightable. The claim is not preempted, and the motion to dismiss is declined.

ConnectU argues that the California Business and Professions Code (Sections 17529.4 and 17538.45) are preempted by a provision of the CAN-SPAM Act (15 U.S.C. 7707(b)(1). Facebook contends that both sections fall within exclusion from preemption in the CAN-SPAM Act for state laws prohibiting falsity. The court finds neither section seeks to regulate false or deceptive e-mail. The court finds the statutes are preempted, and Facebook’s fourth and fifth causes of action are dismissed.

Facebook alleges ConnectU sent e-mail to these addresses that contained “materially false or materially misleading” header information. The court found that nothing in the complaint suggesting the e-mails sent to those addresses contained misleading information as to the source of the message. Facebook asserted that it can truthfully allege that some of the e-mails sent by ConnectU contained misleading header information. The court dismisses the claim with leave to amend the claim later.

Holding:
The motions to dismiss the first and second causes of action are denied for the reasons stated above. The motion to dismiss the fourth and fifth claim is dismissed. The sixth motion is dismissed with leave to amend later.

Official Filing:
http://www.internetlibrary.com/pdf/Facebook-ConnectU-ND-Ca.pdf