E.P. – Readers of this space may be familiar with the name Jason Fyk. Jason is an internet pioneer who used Facebook’s platform to build a small publishing empire only to have it stripped away by the social media monolith.
Now Jason is fighting back. Accompanied by one of his attorneys he visited with Fox and Friends this morning to explain why he is suing Facebook for the millions of dollars in value that they essentially stole from him.
Mr. Fyk’s attorney is Sean Callagy who has built his practice by winning David vs. Goliath cases since he founded his firm in 1999. Together, they described how Facebook unilaterally stripped millions of dollars in worth from Fyk.
Fyk had 25,000,000 million viewers and was generating hundreds of thousands of dollars in monthly revenue when Facebook stepped in and terminated their agreement..
Fyk’s lawsuit claims:
“Facebook is unlawfully silencing people (including Fyk) for its own financial gain…Facebook is not above the law and must be held accountable for its wrongs… This is a true case of David versus Goliath.”
Shortly after Fyk’s appearance President Trump posted this Tweet, using the same language Fyk had just used an hour earlier on Fox and Friends:
Social Media Giants are silencing millions of people. Can’t do this even if it means we must continue to hear Fake News like CNN, whose ratings have suffered gravely. People have to figure out what is real, and what is not, without censorship!
— Donald J. Trump (@realDonaldTrump) August 24, 2018
Fyk explains why he is taking this action:
Like everyone else I went onto Facebook I actually went on to it I had nothing absolutely nothing and I had the intent to tell my own personal story and in that intent I just started building an audience like everybody else’s distribution
Fyk said that when Facebook took his page down one independent site rated his the fifth most active page on the entire internet because they wanted the space he had created for their own purposes fueled by their own greed.
Fyk explained that “there’s only a finite amount of space that’s put into somebody’s [news] feed and they [Facebook decided they] have to control it.”
He was referring to the fact that Facebook made a conscious decision to reclaim that space [the news feed] for their own purposes and that they threw him off without just compensation.
Mr. Callagy then offered a legal summation:
… he [Jason] was unplugged and everything is about having the dependable and consistent reach to get to people for advertisers. So his advertisers disappeared but Facebook kept that reach for themselves and or redistributed to other people so they could make that money.
Essentially it [Facebook] cut themselves in. They said if you want this reach, what we told you was for free we’ve now bait-and-switch you after you’ve put all of your time effort energy opportunity cost that building this business and now you can’t do it anymore and we’re gonna take our cut which is a gonna be the lion’s share.
Then Mr. Callagy explained why Facebook’s Terms of Service is not the determining factor in what governs their control over this aspect of their business:
… the issue though is that we have laws in this country that protect against unfair, anti-competitive business practices. There’s legal terminology for things you can and can’t do regardless of what Facebook’s Terms of Service says and essentially it says we could do whatever we want whenever we want but the law is something different.
Attorney General Sessions, are you listening?