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Facebook 'Sponsored Stories' Settlement: $10 Million 2012-07-03
By David Murphy


It's every Facebook user's worst nightmare: You make a joke about Viagra, another adult-related product, or even just some generic product or service that you don't necessarily want the entire world to know that you buy or use. Then, without your knowledge, your picture starts appearing next to thumbnails within Facebook's "Sponsored stories" Sidebar, implying that you have an interest in said product or service or would wholeheartedly recommend it to all of your friends.

Facebook settled a lawsuit regarding this exact practice back in late May – an affair brought forth in a San Jose, California federal court that had the potential to cost Facebook billions if the plaintiffs gained class-action status and ultimately prevailed. However, the details of Facebook's settlement weren't made public until this weekend: $10 million dollars. Specifically, Facebook plans to pay $10 million to charity as part of the settlement.

"California has long recognized a right to protect one's name and likeness against appropriation by others for their advantage," wrote U.S. District Judge Lucy Koh, as reported by Reuters.

Previous court documents make mention of the potential size the lawsuit could have achieved if it became a full, class-action issue: One in three Americans, which could have ended up costing Facebook a princely sum of money if it lost the suit.

Perhaps the most well-known tale to come from Facebook's "Sponsored Stories" is the fun problem that befell Nick Bergus, whose problems with Facebook's advertising techniques began when he posted a link to a 55-gallon drum of "Passion Natural Water-Based Lubricant" on his Facebook wall. Funny stuff, right?

What's wasn't as funny is when Facebook's algorithms picked up Bergus' alleged "interest" in the product and began running sponsored advertisements for the (immense amount of) lubricant – featuring his picture front-and-center.

"Other people start reporting that they're seeing it, too. A fellow roller derby referee. A former employee of a magazine I still write for. My co-worker's wife. They're not seeing just once, but regularly. Said one friend: 'It has shown up as one on mine every single time I log in,'" Bergus wrote.

According to Facebook CEO Sheryl Sandberg, the inherent value of a "Sponsored Story," or an advertisement based on a friend's personal "experience" with a product or service, is worth two to three times that of a conventional advertisement.

Except, of course, if you're just joking around.

 


 
 
 
Patent Pending:   60/481641
 
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