"The facts are clear: we've never sold people's data." - Paul Grewal, VP and Assoc. Gen. Counsel, Facebook
Yeah, but that is not what is being alleged.
What is being alleged is that you sell access to people's data.
This constant recitation of "We do not sell users' data" is like being in late stage litigation where each party's lawyers have chosen their respective arguments. They will cling to them no matter what happens, repeating them ad nauseum until the end.
Facebook's argument is "We do not sell people's data".
The issue however is not selling people's data. As such, this is not an argument. It is just misdirection.
The issue is selling access to people's data.
Maybe we could call this "licensing"? Maybe it is more desirable for Facebook to license access to people's data than to sell it.
"People's data" might be their friends list, or whatever they have uploaded or contributed to Zuckerberg's website.
Facebook's lawyers will not address the issue of selling access to people's data. The reason
is clear: they do not have a winning argument.
Then we have the matter of metadata. Facebook will let a user download their data, but not their metadata. All that data on her usage patterns on facebook.com and across the web that Facebook collects 24/7/365, e.g. via "Like" beacons and "Sign-In with Facebook".
If a user downloads her data from Facebook it does not tell her anything she didn't already know. It is simply the data she submitted to Zuckerberg.
But of course he has much more data about her that she is not allowed to see. The question is, "Why not?"