In addition, Facebook alleged this process constitutes a violation of the Digital Millennium Copyright Act ("DMCA").

Power Ventures previously operated the domain power.com and used it to create a website that enabled its users to aggregate data about themselves that is otherwise spread across various social networking sites and messaging services, including LinkedIn, Twitter, Myspace, and AOL or Yahoo instant messaging.

Power Ventures allegedly continued to "scrape" Facebook's website, despite technological security measures to block such access.

The court's ruling addressed a motion to dismiss the copyright, DMCA, trademark, and UCL claims.

[6] To state a claim for copyright infringement, a plaintiff need only allege The First Amended Complaint ("FAC") alleged that Power Ventures accessed Facebook's website and made unauthorized "cache" copies of it or created derivative works derived from the Facebook website.

Facebook argued that it need not define the exact contours of the protected material because copyright claims do not require particularized allegations.

[4][5] Judge Fogel reasoned that MAI Systems Corp. v. Peak Computer, Inc. and Ticketmaster LLC v. RMG Techs.

The alleged copyright violations included: In this particular case, the Court held that Ticketmaster LLC ("Ticketmaster") was likely to prevail on claims of direct and contributory copyright infringement as a result of defendant RMG Technologies Inc. ("RMG") distribution of a software application that permitted its clients to circumvent Ticketmaster.com's CAPTCHA access controls, and use Ticketmaster's copyrighted website in a manner that violated the site's Terms of Use.

They also argued that the unauthorized use requirement was not met because the users are controlling the access (via Power Ventures site) to their own content on the Facebook website.

However, the Terms of Use negate this argument because users are barred from using automated programs to access the Facebook website.

While users may have the copyright rights in their own content, Facebook placed conditions on that access.

In order to promote an efficient docket, the Court granted Power Ventures' motion for a more definite statement.

A magistrate judge ordered Power to pay $39,796.73 in costs and fees for a renewed Federal Civil Procedure Rule 30(b)(6) deposition.

[13] On May 2, 2017, the United States District Court, N.D. California, San Jose Division issued its final judgement ruled that, having considered the briefing of the parties, the record in the case, and the relevant law, the Court found that Facebook was only entitled to the reduced sum of $79,640.50 in compensatory damages and a permanent injunction.