> And was there a breach of a the Terms of Service by companies taking all this data and using it for non-academic purposes? Yes there was.
There's a legal concept of 'waiver' meaning that even if something is prohibited in a contract, but the parties don't enforce that part, then that part is later not enforceable. Facebook was fully aware of this behavior, chose not to enforce the ToS, and therefore it waived that clause. Therefore no breach.
There's a legal concept of 'waiver' meaning that even if something is prohibited in a contract, but the parties don't enforce that part, then that part is later not enforceable. Facebook was fully aware of this behavior, chose not to enforce the ToS, and therefore it waived that clause. Therefore no breach.