Comment by 1vuio0pswjnm7

Perhaps it's debatable whether the sentence beginning "You authorize..." is part of a license

For example, the current Commercial Terms use the heading "Licenses" whereas the updated ones refer to "Licenses and Rights"

Licenses can be revoked by the licensor (B)

Under Meta's "Terms", the license given to Meta ends when the content is deleted

https://www.facebook.com//business/terms

What if Meta wants to keep "scraping" in perpetuity

Does the express authorization in that sentence, which might be used as defense to a CFAA claim, for example, end when the content is deleted from Facebook

What if the express authorization to "scrape" is not part of a (revocable) license grant based on copryright (e.g., CFAA does not require copyright)

The Meta Terms and Commercial Terms have no termination provisions

There are no notice provisions

There is no negotiation

There is no reciprocity

For example, A is allowed under the Commercial Terms to use automation to access B, B is prohibited under the Terms from using automation to access A

Arguably the only parts of this "agreement" that can be terminated are the licenses given to Meta and these end only when the content is deleted from Meta's systems

But that's not within B's control

It's up to Meta to ensure the content is "fully deleted"

What if Meta fails in that regard

Accepting Meta's terms is agreeing to limit Meta's maximum liability to $100

Not only that but Meta has a list of exclusions that allow deletion to be delayed or denied, including "technical limitations" (see below)

In sum, attempting to terminate licenses given to Meta may be a "nondeterministic" process (apologies for any errors in using nerd speak)

Was it Senator Hatch who told Zuckerberg something like, "Your terms suck"

Excerpt from "Terms"

https://www.facebook.com/legal/terms

3. Deleting Your Content: You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. about how to delete your account. Account deletion does not automatically delete content that you post as an admin of a page or content that you create collectively with other users, such as photos in Shared Albums which may continue to be visible to other album members. It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to trash, the deletion process will automatically begin in 30 days unless you chose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

...

where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or

...

In each of the above cases, this license will continue until the content has been fully deleted.