My wife's acct has been disabled due to an intellectual property violation (for 7 months and still she tries to recovery it since he has been attached to the acct for a number of years already) which of she wasn't aware of/or have the knowledge/understanding of what copyright is? After following all procedures and even contacting and explaining her side to the party who sent the complaint which they stated in email "We only asked facebook to remove content, disabling it was made on their own" Will a lawsuit like this progress?
While I can understand her frustration, a law suit of this nature will not succeed. You have no legal right to a Facebook account. You have a contractual relationship with FB and that contract gives them broad discretion in determining the rules for disabling accounts. Since your relationship is contractual, there is no claim for non-contractual damages such as emotional distress.
In addition to Facebook's contractual right to terminate accounts, it has a legal obligation to terminate the accounts of repeat infringers in order to maintain "safe harbor" under the DMCA. A lawsuit like this is unlikely to succeed.
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Facebook can be sued, but it is definitely not worth it. Each user has agreed to the following provisions in the Terms of Service.
Venue to bring a lawsuit:
"For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Facebook Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions."
Limitation on liability for damages:
"We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Facebook Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Facebook Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months."
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