Later On

A blog written for those whose interests more or less match mine.

The Man Who Stood Up To Facebook

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Big corporations act on the belief that they should be able to do whatever they want, and they use their power in support of that goal. Take a look at this legal battle that Facebook initiated:

There is a man who is a thorn in the side of Facebook — a problem that just won’t go away. In 2008, Facebook sued him, saying he was a hacker and a spammer who was putting users at risk. But in a truly bizarre plot twist, he stood up to the Internet giant — and he has become the unlikely protagonist in a battle for your rights online.

Our protagonist

Steven Vachani and I are sitting at a Starbucks because, he doesn’t want to say it, but: He doesn’t have an office or a home in Silicon Valley anymore.

“I’m passionate about what I believe in and I’m also confident that even when the path is not clear, you know, you’ll find a path,” he says. “I’m also willing [to] suffer. I think a lot of people have a — they’re not adaptable.”

Vachani is based in Brazil, where life is more affordable. He flies into San Francisco a lot, though, in an ongoing effort to stay in the tech biz.

He’s got a daily routine here: Go on Priceline and look for the cheapest room in town. And when that’s too expensive, the 41-year-old with graying hair checks into a youth hostel. “I spent years of my life living in a youth hostel, so it’s a place where I feel very comfortable,” he says.

Vachani has had very high highs, and very low lows. In 2008, he was the CEO of a hot startup called Power Ventures. Some of the biggest investors in the Valley — the same people who back billionaire Elon Musk — backed him and his vision.

Closed versus open Internet

The Internet was different back then. You could say a war was brewing between two camps: open borders and closed borders. Facebook, he says, wanted closed borders. “Facebook would be this walled garden where everything would be safely stored there, by their definition of safely. And they would decide how you access it — and if and when you could take it out.”

Current and former Facebook employees say there’s a reason you can’t, with the click of a button, grab all your selfies, rants and newborn baby pics. While your data is not Facebook property — it’s yours, under the terms of service — the company makes it hard for you to take it and go on purpose.

Power wanted a world where users, not a company, were at the center — where they controlled their own data, and could take it with them wherever they wanted freely.

So that’s what Power built: a dashboard for all your social networks. Say you had a LinkedIn, a Twitter, Facebook and MySpace (remember MySpace!). You’d put your usernames and passwords for each into the Power portal. And from there, you could post to any account, grab contacts and pictures, and so on.

Vachani claims his site had about 20 million users at its peak (so people liked it); and the social networks let him be — except for Facebook.

“Their response to us was — was a lawsuit,” he stutters as he recounts.

Clever charges

Facebook and Power had heated exchanges in 2008. And on Dec. 30 (call it a late Christmas present), Facebook went into court and filed a complaint.

It included two big charges: one, that Vachani is a hacker, breaking into Facebook’s computers without the company’s permission. Never mind that Facebook users gave him their names and passwords freely.

Point two — and this caught Vachani off guard — was that he was a spammer. “The word ‘spam’ is kind of like calling someone a rapist. It has — in [the] digital world — calling someone a spammer is the worst thing you could possibly call them.”

It’s actually quite clever. The complaint made it sound like Power was sending unsolicited emails to users, possibly from a fake Facebook account. It wasn’t true. But that didn’t matter. The allegation stuck.

Facebook could have taken a different tack and told users: “Hey, you’re not allowed to use this competitor.” They set other rules, like telling users not to post nude photos. But that directive would reveal a well-kept secret in Silicon Valley.

“Nobody up until that point had ever had, I think, the courage to publicly say to users that they don’t control their data,” he says, “and honestly Facebook didn’t have the courage to say that.

A window into Facebook

Antonio García Martínez agrees. “That’s probably true, yeah. They like the fact that users don’t actually read the terms of service. They absolutely love that.”

García Martínez used to work at Facebook, as a leader in its ad business, and recently wrote a best-selling book about it called Chaos Monkeys.

He doesn’t think much of Steven Vachani’s startup, or get how scraping data from someone else’s social network is fair or even lucrative. But he does think this little-known standoff is an important window into Facebook.

In dealings with users as well as with advertisers, he says, the company is run by control freaks. “They see Facebook as the end all, be all of your social life. And they expect you to accept that, as a worldview. And this guy’s whole product flies in the face of that,” García Martínez says.

Hustling for a lawyer

Power Ventures attorney Amy Sommer Anderson says the very first judge in the case didn’t get the technicalities. “That’s how it seemed. And so he just sort of ate up what Facebook said. Yeah, this sounds complicated!” But, she says, “It’s not.”

Another judge ruled that Vachani was personally responsible for paying Facebook about $3 million in damages. His life was pretty much blown to smithereens. Vachani tried to declare bankruptcy and Facebook blocked him. His company imploded. Prior counsel walked out on him.

It’s in that context he met Anderson, “and he sold it as, you know, it’s just an appearance. It’s one time. Just a fixed fee, just to keep this from getting thrown out,” Anderson says.

Adaptable and resourceful Vachani went on Elance, the site where you find freelancers, and posted about his case — without naming the parties. If he had mentioned Facebook, he says, no one would have been crazy enough to bite.

Anderson had just become a lawyer — she went to law school at night and had never represented anyone before. Her “initial appearance” lasted about a year — and after that, she was not that great at negotiating salary. She says she agreed to a “stupid low rate.”

Asked how low, she hesitates to admit: $55 an hour. Facebook-level lawyers get paid more like $1,000 an hour.

But the more Anderson pored over the briefs and decisions, the more she felt an injustice was being done. “I was hooked on the case. It was like crack. I mean, as soon as I was in, I was in,” she says.

A little vindication

Vachani and Power kept on losing, badly. Until they got to the 9th Circuit Court of Appeals. . .

Continue reading.

Written by LeisureGuy

16 October 2016 at 7:19 am

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