Woman Sues MySpace For Taking Down Her Page

from the mental-anguish dept

It’s no surprise that some people get attached to their various social networking profiles, but would you sue if the social network took down your profile? That’s exactly what one woman is doing, as seen in a lawsuit filed last week and brought to our attention by Eric Goldman. The complaint lays out the details, but a quick summary is that the woman was shocked (shocked!) to find out that some of the celebrity profiles on MySpace are not, in fact, run by the actual celebrities. So she set up a profile that would “verify” celebrities, and allow those verified celebrities to place her logo on their MySpace page. She claims that one of the fake celebrities complained to MySpace and they took down her profile.

Now, you might think that since its MySpace’s site, they can take down whatever profile they want — but not according to this woman, who mentions the “mental anguish” caused by this over and over again. While it may be a bogus reason for MySpace to have taken down her page, it’s not clear what legal grounds she has to stand on. There are some other complaints in the filing, including the fact that MySpace allowed fake celebrities to sign up (and the lawsuit demands that MySpace be forced to take these fake profiles down) and that she had asked MySpace (via a cold call) to support her efforts — and then was offended when MySpace “stole” her idea and had created their own “celebrities” site (of course providing no evidence that the idea was “stolen”). She also complains that she tried to take her complaint to the arbitration firm listed in MySpace’s terms of service only to discover that the firm no longer did work for MySpace, so she claims that MySpace committed unfair business practices by including the arbitration clause in its terms without living up to it.

The best line in the filing may be after MySpace took down the woman’s second attempt at this “celebrity verifying” profile:

“At this point Plaintiff was literally seething with anger to the point that she was now consumed by it.”

It’s not clear what’s illegal about making someone angry, but these days, you never know… Anyway, the full legal complaint is below (click through for those reading this via RSS):

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Companies: myspace

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Comments on “Woman Sues MySpace For Taking Down Her Page”

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Anonymous Coward says:

I can’t be bothered to read this whole thing, but why was her page taken down in the first place?

Because someone running a fake celebrity page didn’t like the idea of people knowing they’re fake? Why would myspace act on that?

Anyone care to give the answers to an extremely lazy student (seriously, been reading all day, I ain’t readin’ no legal documents in my off time)?

ulle says:

To #4, it appears that either Johnny Depp or an imposter asked my space to take down her site because the woman supposedly harrassed and threatened Mr.Depp (or imposter). The I part I do not understand is the ” mental anguish” she keeps referring to. Seems to me that she needs to seek professional mental help more then she needs a lawyer

Julie says:

Re: Re:

Mental anguish is a common legal term used to explain damages. If I were in contact with celebrities and MySpace took down my site, I’d be furious as well. Sounds like she spent a lot of time maintaining it. It probably did hurt her reputation.

I read the whole complaint. To me, it sounds like MySpace tried to pull one over on her and she caught them. I can’t imagine alledging all those facts without being able to prove them. Good for her!

Bill says:

A grain of sand in a mountain of BS

The only valid issue I see is that of Myspace stealing her idea without mentioning the source. If they canner her page with the ussue unresolved, it would appear that they destroyed her evidence. I don’t know Myspace’s TOS (whether they claim ownership of all content on user pages), so maybe they were within their rights to steal her idea or maybe not.

Anonymous Coward says:

ok for one just cause you created a myspace profile doesn’t mean you own it, myspace can take myspace down at any given point in time, you don’t pay for their services so therefore you don’t own it, and for those people that upload their personal photos on myspace and that is the only copy shame on you, as far as this chick that is suing myspace for taking down her profile and then recreating a profile that works like hers, oh well you don’t have rights to create something to use with someone else’s software and able to get away with it or sue over it, they can recreate your profile/program and use it as they like!…and plus most fake profiles are created for a reason it is called advertisement lol and also i would probably bet that the chick didn’t read the whole terms and conditions where it states they meaning myspace can make any changes at any given point in time, i for one is guilty of not reading most contracts that i sign as for more than 50% of people that don’t read contracts that they also sign, for the lady that is sue happy get over yourself of being a self rightcious bum and sue happy get off your couch and get a job lol

anonymous says:


i mean how can you get pissed over myspac.e
its not that serious

its just MYSPACE..
once you turn off the computer its gone…

its people like her that have no lives that would go this far just to try to get some money for something she never even paid for. im a lawyer myself and there is absolutely NO violation of laws in this case. she wont get very far

Julie says:

Re: wow.

You’re not a very good lawyer then if you don’t think there was a terms violation. Are you familar with breach of contract?

Not to mention, MySpace cannot distribute a person’s ideas outside of MySpace. Read the TOS. MySpace ran press releases about the celebrity site.

I’m sorry but I see a different side of this lawsuit then the rest of the people that commented. I hope she kills them in court.

Gene says:

Don't use the free site

If you pay for something, then you have a right to sue over how it performs. It cost you something. You have a right to a refund. In this case, she has a right to a refund of what she paid. $0.

Probem with society is the rampant lawsuits. If you get something for free, you cannot sue over it. Wouldn’t that be logical? If you don’t like it, don’t use it. simple.

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