43 F. Supp. 3d 1311
S.D. Fla.2014Background
- Stacey Mattocks created and ran an unofficial Facebook fan page for the TV series "The Game"; BET later hired her and gave her duties managing the page and exclusive content.
- In February 2011 Mattocks and BET executed a Letter Agreement: BET would not change Mattocks’ administrative rights, and Mattocks granted BET full administrative access and discretion to update the Page.
- In June 2012 Mattocks demoted/restricted BET’s administrative access, preventing BET from posting directly.
- In August 2012 BET requested Facebook migrate the Page’s "likes" to BET’s official Series Page and rescinded Mattocks’ rights; Facebook approved the migration and shut down Mattocks’ Page; Twitter account was likewise disabled after BET’s request.
- Mattocks sued BET (diversity jurisdiction) alleging tortious interference with contracts (Facebook/Twitter), breach of the Letter Agreement, breach of the covenant of good faith and fair dealing, and conversion of business interest in the Page’s "likes."
- The Court granted BET summary judgment on all claims, finding BET was not a third-party stranger, Mattocks materially breached the Letter Agreement first, and no ownership/right to convert the Page’s "likes."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tortious interference with Facebook/Twitter contracts | BET knowingly caused the services to disable the accounts "under false pretenses," intentionally interfering and causing damages | BET had a supervisory/economic interest in the Page and acted to protect its IP and brand; its actions were justified | Summary judgment for BET — BET was not a stranger; actions justified by its control/economic interest and lack of evidence of malicious or improper methods |
| Breach of the Letter Agreement | BET breached by causing removal of the FB Page and excluding Mattocks, contrary to promise not to change her admin rights | Mattocks materially breached first by demoting BET’s access, excusing BET’s performance | Summary judgment for BET — Mattocks’ demotion was a material breach that discharged BET’s obligations |
| Breach of implied covenant of good faith and fair dealing | BET removed the Page without notice or opportunity to cure, violating implied covenant | Any obligation was excused by Mattocks’ prior material breach; the Letter Agreement contains no notice/cure term | Summary judgment for BET — no enforceable executory obligation remained; implied covenant cannot add unbargained duties |
| Conversion (of "likes"/business interest) | Mattocks owned a business interest in Page "likes" and BET wrongfully deprived her of them, causing lost referral income | "Likes" are users’ expressions; Mattocks had no ownership; migration was authorized after her breach and approved by Facebook | Summary judgment for BET — Mattocks lacks ownership in "likes" and BET’s migration was not wrongful |
Key Cases Cited
- Lane v. Facebook, Inc., 696 F.3d 811 (9th Cir. 2012) (describing Facebook profiles and shared content)
- Bland v. Roberts, 730 F.3d 368 (4th Cir. 2013) (explaining meaning and control of Facebook "likes")
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment movant’s initial burden)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (nonmovant must show more than metaphysical doubt at summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for granting summary judgment)