After the trial, the reconciliation between Facebook and the art lover: a French who accused the american giant of censorship to have closed the account on which he had posted a photo of the painting of Gustave Courbet in the Origin of The world has put an end to his lawsuit, announced on Thursday his lawyer to the AFP.
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The user has announced that it has reached an agreement with Facebook around a joint gift paid to an artistic association that specializes in street art “art Lover for many years, Mr. Durand announcement to make in conjunction with Facebook a gift to The association le M. U. R. (association modular, urban, reagent), in order to help them to continue their artistic and cultural mission and to achieve their goals,” says lawyer Stéphane Cottineau in an e-mail. “This gift puts an end to the legal action against Mr. Durand to Facebook”, he adds. So this is the epilogue of a case that has lasted 8 years.
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Frédéric Durand, a professor of education, blamed the social network deactivated his personal account, which opened under the pseudonym Fred The Face Of Fredb, “without notice or justification”, February 27, 2011. The cut would be reached a few hours after the publication on his wall of the painting of Gustave Courbet, the Origin of The world , which represents a female sex. But in march, 2018, the court dismissed Frédéric Durand, judging that it was not demonstrated “that the deactivation of the account Fred to The Front of Fredb would be due to the display on the wall a photo of this painting by Gustave Courbet”. The court has recognized “a fault” of Facebook, who has exercised his right of withdrawal without object to Frédéric Durand a reasonable period of notice and without specifying the reasons of this deactivation”. The judges stressed that the plaintiff had “opened a new account on the same day of its deactivation”. “It is not disputed that he has posted the table the Origin of The world and that account is still active,” said the court.
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The lawyer Frédéric Durand, Stéphane Cottineau, had then announced that he would appeal, a procedure which is now abandoned. The council has not given details about the terms of the agreement, namely the amount of the donation, the reasons that led to choose this association, or which of the two parties initiated the process that led to the end of the proceedings. Contacted by AFP, Facebook has not wished to react.