Can I successfully sue someone for being an accomplice

[Starnexus]

What is the name of your state California?

To whomever it may concern,

Seven years ago I began a group on facebook and due to MUCH hardwork on my part the group had grown to over 18,000 members. At that point I asked someone to help me to manage the group. Well that person then decided to kick me out of my own group and is now managing it (he sent me messages bragging to that effect). I'm already suing him and he will be served shortly. My question is he has people that run the group with him and they knew that he had stolen it from me. Therefore I would like to know can I also sue them for being an accomplice or "aiding and abetting" since they A. knew a theft was about to occur and did nothing to stop it B. They are benefiting from that theft? So long as I can prove those aformentioned details?


Thank you

 

[justalayman]

a theft? If you have rightful control of the account, complain to Facebook. Otherwise, just what is it they took from you that you have a legal right to claim as yours?

 

[Starnexus]

a theft? If you have rightful control of the account, complain to Facebook. Otherwise, just what is it they took from you that you have a legal right to claim as yours?

Facebook doesn't deal with disputes like these. The group is mine. I created it and built it. While I used facebook's infrastucture that still doesn't mean I don't have rights. Like I build a website from go daddy and a hacker takes it from me that doesn't mean I don't have any rights to get that website back.

 

[quincy]

Facebook doesn't deal with disputes like these. The group is mine. I created it and built it. While I used facebook's infrastucture that still doesn't mean I don't have rights. Like I build a website from go daddy and a hacker takes it from me that doesn't mean I don't have any rights to get that website back.

How exactly did the fellow take the group away from you? Do you no longer have access to the group you created on Facebook or did your manager create his own, similar group that has attracted the members of your group to it?

What besides group members are you claiming this fellow "stole" from you? Have you suffered an economic loss of some sort?

From what I understand of your posts, I don't see that you have a suit to file against the manager of the group or any of its members. Someone can start a new group that appeals to the same members of another group, and the members of the first group can choose to leave the first group and go to the second group.

That said, there are some things about a site that can be rights-protectable (trademark or copyright protected). Is this what you are talking about?

Perhaps you can clarify.

 

[Starnexus]

How exactly did the fellow take the group away from you? Do you no longer have access to the group you created on Facebook or did your manager create his own, similar group that has attracted the members of your group to it?

What besides group members are you claiming this fellow "stole" from you? Have you suffered an economic loss of some sort?

From what I understand of your posts, I don't see that you have a suit to file against the manager of the group or any of its members. Someone can start a new group that appeals to the same members of another group, and the members of the first group can choose to leave the first group and go to the second group.

That said, there are some things about a site that can be rights-protectable (trademark or copyright protected). Is this what you are talking about?

Perhaps you can clarify.

The manager kicked me out of my own group stating he was unhappy with the way I ran it. If he had done the right thing and just created his own group then we wouldn't be where we are today. I did spend money to promote the group on facebook. I didn't formally trademark the name though.

I'm suing for breach of contract, acting in bad faith, theft, and most importantly emotional distress since I had to go to therapy after this. I spent 7 years of my life building that group and for someone to just steal it and brag about it. That took a toll on me.

 

[quincy]

The manager kicked me out of my own group stating he was unhappy with the way I ran it. If he had done the right thing and just created his own group then we wouldn't be where we are today. I did spend money to promote the group on facebook. I didn't formally trademark the name though.

I'm suing for breach of contract, acting in bad faith, theft, and most importantly emotional distress since I had to go to therapy after this. I spent 7 years of my life building that group and for someone to just steal it and brag about it. That took a toll on me.

First, you do not need to "formally trademark" a name. A name becomes a trademark when it is used to identify a business product or service in commerce. This is how a trademark holder gains rights to a name. Registration of a name with the US Patent and Trademark Office only provides additional protection if someone infringes on the trademark.

Did you have a written contract with the manager of your group, or did you have an oral contract (where you asked him to take over management of the group and he said "okay")?

You only sort of answered my question about economic losses. What sort of promotion did you do to attract members to your group that cost you money? Is membership in your group a paid membership? Did you pay to set up a special website for your group?

The "theft" of members in a group alone generally will not be something you can be compensated for in court. Nor are you likely to collect anything for emotional distress.

I am still unclear how you can be "kicked out of" your own group. Why can't you just kick back? Tell the manager you are unhappy with the way he is managing your group and tell him he is no longer a member.

I do not see that you have a lawsuit with merit, from what you have posted so far. Perhaps additional facts could change my impression of your chances of having a successful suit against the manager or any of the members of the group. Would you care to provide more details about this group you formed 7 years ago?

 

[>Charlotte<]

I am still unclear how you can be "kicked out of" your own group.

When you create a Facebook group you are the owner/admin of that page, with password access and the ability to invite members or remove them. You can designate co-admins who have those same privileges. I suspect the "thief" in question was given co-admin privileges and then removed OP as a member, and probably also changed the password to the page so that OP no longer has any access.

 

[Mark Maroon]

When you create a Facebook group you are the owner/admin of that page, with password access and the ability to invite members or remove them. You can designate co-admins who have those same privileges. I suspect the "thief" in question was given co-admin privileges and then removed OP as a member, and probably also changed the password to the page so that OP no longer has any access.

Right. That's what I would suspect as well. So I assume that the OP can sue the person who currently has control of the admin password for return of control of the admin password (as opposed to, or in addition to, money damages)? Of course it will be even more complicated if multiple people currently have shared control of the admin password - which may be what the OP is insinuating with their question about one or more "accomplice". I suspect that what is so clear cut to the OP as to who should have control of the site will not be as clear cut to a court.

 

[quincy]

When you create a Facebook group you are the owner/admin of that page, with password access and the ability to invite members or remove them. You can designate co-admins who have those same privileges. I suspect the "thief" in question was given co-admin privileges and then removed OP as a member, and probably also changed the password to the page so that OP no longer has any access.

Ahh. Thank you, >Charlotte<. That explains that.

It would not be a theft claim that Starnexus should pursue, then. If Starnexus handed over management of the Facebook page to someone and this manager then took control of it to the exclusion of Starnexus, that would be conversion (which is related in some ways to theft, but is a bit different).

I am still interested in what damages Starnexus can show (beyond his claim of emotional distress, for which he is unlikely to receive compensation).

Here are links with elements of conversion and elements of negligent infliction of emotional distress:

http://www.dmlp.org/legal-guide/elements-conversion

https://www.justia.com/trials-litigation/docs/caci/1600/1620.html

 

[justalayman]

When you create a Facebook group you are the owner/admin of that page, with password access and the ability to invite members or remove them. You can designate co-admins who have those same privileges. I suspect the "thief" in question was given co-admin privileges and then removed OP as a member, and probably also changed the password to the page so that OP no longer has any access.

But op said this is not the issue. Op said Facebook does not deal with the issues involved so it cannot be based on the control of the Facebook account since Facebook does deal with "ownership" of their pages.

 

[justalayman]

Facebook doesn't deal with disputes like these. The group is mine. I created it and built it. While I used facebook's infrastucture that still doesn't mean I don't have rights. Like I build a website from go daddy and a hacker takes it from me that doesn't mean I don't have any rights to get that website back.

There is a huge difference between a webpage (and possibly the url which is what I suspect you are referring to here) and a Facebook page on their service. You do not own anything with a Facebook page (other than the possibility of copyrights to posts etc) Facebook owns the page itself and controls anything and everything about it. The simply let you use a "page" of theirs to post your info.

 

[ecmst12]

Facebook doesn't deal with the dispute because the password/admin rights to the group were not stolen or hacked, they were freely given by OP to the other admin.

 

[justalayman]

Facebook doesn't deal with the dispute because the password/admin rights to the group were not stolen or hacked, they were freely given by OP to the other admin.

They will allow the "valid" registrant access to the page and allow them to change the password though. It is not a matter of a dispute but Facebook returning control of a page to the registrant.

 

[Mark Maroon]

They will allow the "valid" registrant access to the page and allow them to change the password though. It is not a matter of a dispute but Facebook returning control of a page to the registrant.

I cannot imagine that facebook would get in the middle of this "he said she said" as to who should have control of the facebook page/account.

What you are suggesting is that no matter what, the person who originally "registers" a facebook page/account will always be able to retain control of it if they simply request that of facebook. So if I register a facebook page/account, and then I give you admin rights to control it, and then 3 years later I go to facebook and complain that I am the valid registrant of the page/account and you changed the password on me, then facebook will simply reset the admin password and hand it over to me because I am the "valid" registrant and it's not a dispute. It sure sounds like a dispute to me.

 

[justalayman]

it's not a matter of getting into the middle of anything. When you make a facebook page it becomes yours as far as Facebook is concerned and as such, you are allowed to control it (within their rules). As long as the OP registered the page in some fashion it can be identified as him, Facebook will reset the security so you can log in and reset your password,

at least that is what they have done for me and I don't think I'm anybody special to them.

What you are suggesting is that no matter what, the person who originally "registers" a facebook page/account will always be able to retain control of it if they simply request that of facebook. So if I register a facebook page/account, and then I give you admin rights to control it, and then 3 years later I go to facebook and complain that I am the valid registrant of the page/account and you changed the password on me, then facebook will simply reset the admin password and hand it over to me because I am the "valid" registrant and it's not a dispute. It sure sounds like a dispute to me.

a dispute? Where? I simply cannot access MY page and need Facebook to reset the security, unless of course you are not the registered "owner" of the page. It would be no different than on your personal Facebook page you gave your girlfriend your password. You break up with her. She goes in and changes the password so you cannot access it. Facebook will reset the security so you can take control of the page back.