As supervisor of the law student intern, Felippo de Almeida Scolari, and as it has been requested by the national and international press, I would like to provide clarification about his initiative of filing a lawsuit against Facebook and the app creators Luluvise that has been widely reported by the media. I would also like to take this opportunity to collaborate with the reflection and widely spread debate that has taken place over this subject. First of all, it is important to make clear to all of us, that nothing in this story is new. What we have been watching has happened before. It’s the battle between David and Goliath. The end can be clearly visualized by all of us , but what draws our attention the most in this version is our David, my intern; who, instead of hurling a stone, or using any other unfair or illegal way to defeat the enemy, decided to take Goliath to the Special Civil Court (small-claims courts?). Felippo’s case deserves full attention of all of us, just for this novelty. On my side, his maturity deserves my public manifestation of support. This young man gives us an example of citizenship, as he expresses his understandable outrage , using legal ways admitted in the law, what puts him in a different level from those minorities who, a few months ago, in an arrogant and inconsequent way tried to change Brazil making use of violence against their fellow citizens and vandalism against public property . Felippo, my intern, is different from those black blocks young men and this makes me very proud. Therefore, from the point of view of what represented his gesture as a political act, his conduct is admirable and irreparable. As far as the juridical viability of Felippo’s intentions is concerned, I have no doubt that he will achieve what he is seeking, as many are the illegalities undertaken by Facebook and the app creators Luluvise. Many jurists have explained the irregularities committed by the defendants. Thus, I am absolutely convinced that Felippo will get the compensation he is aiming. Actually, not only will he be successful in his request, but also all those who were on Facebook at the time of the launching of Lulu app. All those people can sue Lulu and Facebook without the need of hiring a lawyer. Besides those already mentioned legal grounds, there is another simple reasoning that leads to the merits of Felippo’s legal action. Facebook, in a statement released by its press office, claims that the user accepts the privacy policy and terms and allows the use of the image. However, I have many doubts regarding this statement. Does Facebook really believe that our image use was granted to any and all purpose? I can not believe that a young Brazilian woman would agree to enter into a social network knowing that, overnight, she could have her image associated with a #likes spanking hashtag. Nor do I believe that a young Brazilian man might agree to have his picture attached to #slightly perverted. That seems to me more like naughtiness without limit undertaken by Facebook and Lulu. I know that many people consider them #harmless. And some are even really very funny, which is why I think it is possible to save Lulu app with some few, though essential adaptations. However, it is important to remember that whoever launched this application said that this was just the beginning. Well, the beginning of what? What comes after that if we continue to treat everything as a joke? Thirdly, regarding the request for a compensation formulated in the lawsuit, I confirm Felippo’s sincere intention of donating anything received to GRAACC (Support Group for Children and Teenagers with Cancer) . The sincerity of his gesture might come from the fact that his mother has been affected by this disease and remains, to this day, controlling it. I have seen Felippo’s generosity for over 3 years and I know that with this attitude he wants to provide to the youngsters the health he enjoys and lends this time to defend Brazilian interests. I understand and know that all those who have overcome adversity imposed by fate know that life is a very beautiful fight to be fought. These children and teenagers with cancer need to feel it. Still related to the compensation, I want to alert everyone. We are going to choose, in the forthcoming days, if we are going to impose on Facebook the largest financial loss of its history, something that would only appeal to the twin brothers who have been cheated by Mark, or if we are going to be bigger than the feeling of revenge that has gripped all of us during the last weeks. I believe we should think about alternatives to a massive of youngsters going to the court to seek compensation for an unapproved exposure of image. In my opinion, the biggest compensation does not repair the damage done to the honour of the humblest Brazilian. I know we may have ideological differences about many issues and there are several projects in Brazil under discussion, prepared by the many political forces of our Country, but we have to remember that the defence of our Constitution (which has just completed the age of many young people - 25 years) and our fundamental rights unites us in an inevitably way, even against our will. Thus, for all that has been said, I hope Felippo, my intern, does not stand up as a single plaintiff to this action. It should be clear by now that we are talking about Felippo and Others. This case does not just belong to my intern himself, but to all of us. Furthermore and finally, I do not believe that this is a lawsuit against Facebook and Lulu. If they want, they may join us too (provided they apologise to my intern) because I do not believe that the good for Felippo must necessarily result in the bad for Facebook. We can learn from our mistakes so that we can move forward together. I recently joined Facebook and I am finding this an extraordinary experience. Facebook is surely one of the greatest inventions of mankind and should be preserved like a world heritage. After all, it is through Facebook that I will make many friends that will be decisive for my future. As it is also through Facebook that I am rescuing important friendships that have been lost over time. And, besides, through Facebook I have found again my first girlfriend from high school days. Therefore, how could I be against Facebook? I will not be. Well. For all that has been stated above, I report to everybody that Felippo de Almeida Scolari has my full and unconditional support to his case. I also declare, for all purposes, that Facebook and Lulu has my solidarity so that we can adapt this magnificent social network to the Brazilian reality. Thus, there would be only winners in this story. diariodonordeste.verdesmares.br/cadernos/internacional/facebook-acusado-de-recolher-dados-1.788443
Posted on: Wed, 12 Feb 2014 18:51:14 +0000
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