>[Selling "access to hardware" preloaded with data] is a particularly intriguing framing as it would allow Facebook to rationally and legally argue that the product of value being “sold” is indeed “hardware” rather than “data.” To its two billion users, however, such distinctions are meaningless.<p>This doesn't pass common sense muster to me. There's no way this would fly in a court, right?<p>Could you imagine: "your honor, I never sold illegal handguns, I only ever sold <i>holsters</i> that just happened to have handguns in them. Plenty of other people sell holsters, and nobody ever prosecutes <i>them</i> for arms dealing!"