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I doubt this will be something where the judge would say, "Well you dont SAY explicitly that pictures and profiles are all active". I think it will be something where a judge would find it to be inherently and correctly assumed that if they are displayed, they ARE in FACT active.
What if you go to a car lot with 100 cars in it and go to buy one and the dealer says "Oh, only those 7 cars over there are for sale. The others aren't for sale".
EDIT: oh and btw, all 100 cars all looked exactly identical in terms of it being for sale. Slight detail? Or glaring ommision?
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