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FACEBOOK, INC. v. POWER VENTURES, INC.

No. 13-17102, No. 13-17154.

828 F.3d 1068 (2016)

FACEBOOK, INC., a Delaware corporation, Plaintiff-Appellee, v. POWER VENTURES, INC., dba Power.com, a California corporation; Power Ventures, Inc., a Cayman Island corporation, Defendants, and Steven Suraj Vachani, an individual, Defendant-Appellant. Facebook, Inc., a Delaware corporation, Plaintiff-Appellee, v. Power Ventures, Inc., dba Power.com, a California corporation, Defendant, and Power Ventures, Inc., a Cayman Island corporation; and Steven Suraj Vachani, an individual, Defendants Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2016.

Attorney(s) appearing for the Case

Amy Sommer Anderson (argued), Aroplex Law, San Francisco, California; Steven Vachani (argued pro se), Berkeley, California, for Defendants-Appellants.

Eric A. Shumsky (argued), Orrick, Herrington & Sutcliffe LLP, Washington, D.C.; I. Neel Chatterjee , Monte Cooper , Brian P. Goldman , and Robert L. Uriarte , Orrick, Herrington & Sutcliffe LLP, Menlo Park, California, for Plaintiff-Appellee.

Jamie L. Williams (argued), Hanni M. Fakhoury , and Cindy A. Cohn , Electronic Frontier Foundation, San Francisco, California, as and for Amicus Curiae.

Before: Susan P. Graber, Kim McLane Wardlaw, and Mary H. Murguia, Circuit Judges.

OPINION

One social networking company, Facebook, Inc., has sued another, Power Ventures, Inc., over a promotional campaign. Power accessed Facebook users' data and initiated form e-mails and other electronic messages promoting its website. Initially, Power had implied permission from Facebook. But Facebook sent Power...

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