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Old 01-24-13, 06:53 PM   #1
grundle
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26 women sue website that their ex-boyfreinds posted x-rated pictures on for revenge

Copyright law says that whoever took the picture owns the copyright, so I don't see any legal basis for this lawsuit.

When Linda Ronstadt moved out of her parents' house to become a rock and roll star, her father told her that whatever she did, she should never, ever let anyone take pictures of her when she's naked. Her father was quite wise to give that advice, and she was quite wise to follow it.

I knew you'd be hoping for pictures from the article, but I'd better spoilerize this just to be safe:


Spoiler:


J.D. Miles



http://dfw.cbslocal.com/2013/01/23/t...venge-website/

Texas Women Sue X-Rated Revenge Website

by J.D. Miles & Angela Martin

January 23, 2013

FORT WORTH (CBS 11 NEWS) – Sexy pictures, taken for private purposes, are finding their way online.

The website, described as a revenge porn site, is posting explicit photos submitted by men seeking revenge on their ex-girlfriends.

But a group of Texas women may get the last laugh, after filing a lawsuit against the site.

Hollie Toups, 32, says she “stopped breathing for awhile” when she found semi-nude pictures of herself on the site. Toups went from being a modest teacher’s aide in Beaumont to an unintended porn star, after an ex-boyfriend posted explicit photos along with personal information.

“I was at a store one day and somebody was like hey you’re the girl from that website,” says Toups.

Toups and 25 other women are suing the website and its owner, who has a fictitious address in Richardson.

“I am very confident I will find that person,” says John S. Morgan, plaintiff’s attorney. “It really touched my heart the amount of emotional devastation every one of these women have suffered.”

The lawsuit comes after the women say the website refused to remove the photos unless they paid a fee.

“I thought that was outrageous that they had to gall to ask me to do that,” says Toups.

It’s not hard to track down unsuspecting women who had nude and sexually explicit photos through Facebook and other social media.

CBS 11 News found dozens of women in North Texas on the site, and one who says her father alerted her she was a revenge porn victim.

“It was humiliating I didn’t want to go anywhere I started questioning people’s politeness was it genuine how are you doing or was it in the back of your mind I saw you on that site,” says Toups.

The lawsuit seeks unspecified damages.

Local attorney Victor Johnson says the lawsuit could be difficult to pursue if website’s operator can prove its a bulletin board and that they have no control over the content.
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Old 01-24-13, 07:12 PM   #2
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

http://en.wikipedia.org/wiki/Is_Anyone_Up%3F
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Old 01-24-13, 07:12 PM   #3
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

And no link to the site? Stupid news article.
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Old 01-24-13, 07:21 PM   #4
grundle
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

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Originally Posted by kvrdave View Post
And no link to the site? Stupid news article.
The article has a link to the lawsuit, which names the website.
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Old 01-24-13, 07:23 PM   #5
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

(googles Hollie Toups)
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Old 01-24-13, 07:39 PM   #6
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

aaaand....the sites down
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Old 01-24-13, 07:52 PM   #7
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

What does "semi-nude" mean, anyway? Do they just mean topless, or nude but covering their naughty bits (like you see sometimes on magazine covers)?
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Old 01-24-13, 08:01 PM   #8
Draven
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by grundle View Post
Copyright law says that whoever took the picture owns the copyright, so I don't see any legal basis for this lawsuit.
What? You're a lawyer now?

What if the women didn't know the pictures were being taken? What's your law degree say now?
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Old 01-24-13, 08:16 PM   #9
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Did some of these women allow their BFs to take these images? Or are all of these images being taken while under the false sense of privacy, told them by their BFs.

The images would/should clearly tell a court if they were allowing their image to be taken. And if that's the case...the image is under ownership of the photog, and many of these women will need to find another way to get back at their failed relationships.

This is certainly unethical, but illegal, I'm actually leaning with Grundle. The lawsuit is assuming all these images were obtained without permission. You don't need permission to take a person's photograph, unless they are obviously underage, under a contract with the photog (but this depends as well), or some other kind of tangible contract. BF and GF don't mean much.

I'd like to see if this case is really in legal lines with regards to "permission" and "unauthorization".

Quote:
Originally Posted by Legal Doc
Plaintiffs would show that this website serves no useful, social or economic purpose, and instead this website is merely a blight upon society and a sick, cowardly enterprise for the specific purpose of inflicting emotional distress and harm upon each and every Plaintiff...
Not sure why the suit has this kind of objection in it. Kind of loses the argument before it even gets started.
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Old 01-24-13, 08:22 PM   #10
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

There are sooooo many of these sites. Yawn.
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Old 01-24-13, 08:37 PM   #11
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by grundle View Post
Copyright law says that whoever took the picture owns the copyright, so I don't see any legal basis for this lawsuit.
Sorry, but that's twaddle. A person's image may not be used without his/her consent, and that right is limited to the usage that has been agreed upon.
If a woman signs up for a magazine cover shoot, the photographer is not entitled to use her image for any othe purpose unless stipulated.

These women didn't agree to have these photos disseminated at all.
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Old 01-24-13, 08:42 PM   #12
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by Norm de Plume View Post
Sorry, but that's twaddle. A person's image may not be used without his/her consent, and that right is limited to the usage that has been agreed upon.
If a woman signs up for a magazine cover shoot, the photographer is not entitled to use her image for any othe purpose unless stipulated.

These women didn't agree to have these photos disseminated at all.
So based on your legal analysis, all the paparazzi around the world will be gone as of tomorrow and much of the celebrity gossip and tabloid industry will soon be history too right?

The issue of a paid model under a contract is a far different matter.
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Old 01-24-13, 08:45 PM   #13
DVD Polizei
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by Norm de Plume View Post
Sorry, but that's twaddle. A person's image may not be used without his/her consent, and that right is limited to the usage that has been agreed upon.
If a woman signs up for a magazine cover shoot, the photographer is not entitled to use her image for any othe purpose unless stipulated.

These women didn't agree to have these photos disseminated at all.
How do we know they didn't agree...other than this lawsuit. And were these images taken in public places or private places, or both, etc.
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Old 01-24-13, 08:50 PM   #14
Norm de Plume
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by Dr Mabuse View Post
So based on your legal analysis, all the paparazzi around the world will be gone as of tomorrow and much of the celebrity gossip and tabloid industry will soon be history too right?
Quote:
Originally Posted by DVD Polizei
How do we know they didn't agree...other than this lawsuit. And were these images taken in public places or private places, or both, etc.
That's true. There's the issue of public and private spaces to consider. In public, one is fair game.
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Old 01-24-13, 09:19 PM   #15
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

None of those women signed model releases. The site can't sell them.

You can't even sell photos of the Houses of Parliament or of the Millennium Wheel without paying for a release. The owners will file suit against you. (The Houses of Parliament belongs to the Crown of England, who can afford excellent lawyers.)
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Old 01-24-13, 09:26 PM   #16
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by Norm de Plume View Post
Sorry, but that's twaddle. A person's image may not be used without his/her consent, and that right is limited to the usage that has been agreed upon.
If a woman signs up for a magazine cover shoot, the photographer is not entitled to use her image for any othe purpose unless stipulated.

These women didn't agree to have these photos disseminated at all.
FYI, the US has almost zilch in terms of Privacy laws.
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Old 01-24-13, 09:35 PM   #17
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Guess that muff dot com.
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Old 01-24-13, 10:20 PM   #18
grundle
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by Drexl View Post
What does "semi-nude" mean, anyway? Do they just mean topless, or nude but covering their naughty bits (like you see sometimes on magazine covers)?

"Suspect is hatless - repeat - hatless."
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Old 01-24-13, 10:22 PM   #19
grundle
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by Draven View Post
What? You're a lawyer now?

What if the women didn't know the pictures were being taken? What's your law degree say now?
The women did know the pictures were being taken. That's the whole point of "revenge porn." They got along well when they were together - but after the breakup, well, the guy goes back to acting like a guy.
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Old 01-24-13, 11:44 PM   #20
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

So the website went from topless to Toups-less?
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Old 01-24-13, 11:55 PM   #21
Draven
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Quote:
Originally Posted by grundle View Post
The women did know the pictures were being taken. That's the whole point of "revenge porn." They got along well when they were together - but after the breakup, well, the guy goes back to acting like a guy.
You're assuming a lot.

Plus, I work in TV and have dealt with likeness and model releases before. I'm not allowed to do anything I want with a picture just because someone said I could take it. It's far more complicated than that.

But don't let facts get in the way of your legal expertise.
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Old 01-25-13, 09:07 AM   #22
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

There are probably thousands of sites where someone can upload amateur porn pictures. If they just want financial compensation they might get that, but if they're hoping to get the pics pulled from the web entirely that ship has sailed. They've probably spread to a hundred different sites and forums by now.
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Old 01-25-13, 10:39 AM   #23
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Spoiler:

You don't scare me, that could be anyone's ass
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Old 01-25-13, 11:21 AM   #24
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

Seems like the site might be walking a thin line as far as extortion, if the claims of 'we'll take it down, but it's gonna cost you' are true.
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Old 01-25-13, 11:30 AM   #25
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Re: 26 women sue website that their ex-boyfreinds posted x-rated pictures on for reve

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"Suspect is hatless - repeat - hatless."
"I can't wait until they throw his hatless butt in jail."
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