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Uhh, well, this is serious biz. The majority of facebooks members probably didn't know their pictures were going to be used by facebook in this manner, and unless facebooks terms of service, clearly, convincingly and most of all BOLDY stated these terms, I think there is a strong argument to fight it. Reason being, that for most contracts to be valid, both parties must know what they are agreeing to, and in a case like facebook, it can be easily proven that most people did not belive they were signing up for that. Because of fraud, and the era of standardization where a consumer expects to be signing a certain contract with certain terms, this is no longer and era of, you signed it you agreed to it.
I think this is a great opportunity- if facebook decides to pursue its plans- for another website to surface like facebook that previously did not have an opportunity.
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Thank god 2p2 is on the case. ZOMG LAWZ