Germany: Facebook fined $109K in row on IP licence clause
A German court has fined Facebook 100,000 euros ($109,000) for refusing to follow an order to adequately inform users about how it was using their intellectual property, a consumer group said on Monday.
News of the ruling followed a visit last week by Facebook CEO Mark Zuckerberg in which he mounted a charm offensive in the face of increasing antipathy in Germany toward the world’s biggest social media network prompted by fears for data protection.
The Berlin regional court ruled that Facebook had not adequately changed the wording of a clause on intellectual property in its terms and conditions after a complaint was filed by the Federation of German Consumer Organisations (VZBV).
“Facebook is persistently trying to evade consumer laws in Germany and Europe,” VZBV head Klaus Mueller said in a statement. “Companies must implement judicial decisions and can’t simply sit them out.”
A spokeswoman for the Berlin court confirmed the ruling.
A German court originally ruled in March 2012 that Facebook’s terms and conditions did not make clear the extent to which users’ intellectual property - such as photos and videos - could be used by Facebook and licenced to third parties.
The Berlin court concluded that while Facebook had changed the wording of the clause, the key message remained identical to the previous version.
“We complied with the order to clarify a single provision in our terms concerning an IP licence a while ago. The court felt we did not update our terms quickly enough and has issued a fine, which we will pay,” a Facebook spokesperson said.