On Monday, Oracle America, Inc. filed a motion to dismiss to the Northern District of California alleging the plaintiffs have failed to state a claim on which relief could be granted in a case alleging mass surveillance.
The lawsuit was initiated by Michael Katz-Lacabe, Jennifer Golbeck and Johnny Ryan, who argue that the defendant’s Oracle Advertising product collects personal data from unsuspecting internet users, leading to violations of common law and statutes. The plaintiffs argue that Oracle commits egregious breaches of social norms and profits from its comprehensive surveillance of much of the American and worldwide public.
Conversely, the motion to dismiss argues that the complaint fails to allege factual allegations and instead “cobbles together various media reports and online publications.” Additionally, Oracle argues that the complaint relies on unsupported and inaccurate theories on how Oracle operates.
Further, Oracle states its Oracle Advertising services deliver relevant advertising through interest segments which are developed from anonymous identifiers collected by third-party websites with the visitor’s consent. Oracle states that it is committed to consumer privacy and routinely reviews and updates its privacy policies to reflect changes in the law and market.
The motion to dismiss states that the plaintiffs fail to state a cause of action on which relief could be granted and that they are asking the court to “legislate privacy rights from the bench on an unprecedented scale” by relying on misrepresented facts. Accordingly, Oracle requests that the court dismiss the plaintiffs’ complaint with prejudice.
Oracle is represented by Morrison & Foerster LLP, and the plaintiffs are represented by Hagens Berman Sobol Shapiro LLP.
