Barbra Streisand, Miss Vermont, And Your Website
An anonymous reader writes "A Silicon Valley millionaire, Ken Adelman, is being sued by Barbra Streisand for $50 million. Adelman photographed Streisand's sea-side Malibu mansion using a 6 megapixel Nikon digital camera from a helicopter flying over the Pacific Ocean. The photograph, along with over 12,000 other photographs, is part of an aerial photographic survey of the California coastline. This photographic database is intended for use by environmental and scientific research projects interested in the health of the coastline and coastal erosion. Streisand's suit complains that the photograph is of extraordinary clarity and violates her right to privacy, as it shows details of the property that one would not ordinarily be able to see from the road or the beach. California has an 'anti-paparazzi' statute on the books."
Followed somewhat later by
Okay SO. Is the story accurate, or does she emphatically deny it?
As the article notes:
This is exactly the basis to throw this case out of court. The judge, however, was obviously under some kind of pressure to issue the order, or is completely unfamiliar with the first amendment, or simply does not believe in it. If the story is inaccurate then it is clearly libel. If the story is not inaccurate, then on what grounds do you decide that it is not protected speech? The woman is a public figure, which means you pretty much waive your right to privacy anyway, but even if she didn't, if she does something in front of someone, they have the right to report it so long as they do so accurately.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
I don't like the woman at all, as I'm sure most /. readers don't, but that doesn't matter. She does have a right to privacy. There was no reason for her name to be mentioned on that website. One point in the lawsuit specifically states that the house is not listed in public records under her name. Like most of her property its registered under a corporate identity that can't be easily connected to her to protect her privacy. I can't help but wonder what would have happened if he hadn't disclosed the name of the owner, which is not required for the purposes of his site.
What a hypocritical bitch. She is the definition of "limousine liberal" (and I'm a liberal) who does nothing to help people but bitch about what others aren't doing. That house probably cost $20 million and the $50 million she would win in her nonsensical lawsuit would probably go towards gold plating the roof or something equally frivolous. If her and Oprah would die maybe someone who actually gave a fuck about the poor and underpriviledged would earn those dollars.
PS - I hate rich people.
"Sorry, but we have no photographic record of how your coastline used to look, so we, and the good taxpayers, will just assume it's always had that room hanging over the ocean."
A feeling of having made the same mistake before: Deja Foobar
However, I give this about six weeks before it's overturned.
HI, MY NAME IS ISAAC.
Unless I'm mistaken it's only slander if it's not true. The judge ruled that he could not post any stories about her regardless of whether or not they were true.
Is a Hollywood residence, they need someway to keep the BS at chin-level!
Streisand's suit complains that the photograph is of extraordinary clarity and violates her right to privacy, as it shows details of the property that one would not ordinarily be able to see from the road or the beach.
So under "right to privacy", we are never allowed to include someone's home in a photograph? I guess that makes this product completely illegal.
Or is it only rich and famous Hollywood stars whose homes are covered by "privacy" acts. After all, who would want to look at a picture of my shaby old 200K home.
Streisand only seems like she is for the "little people" when it benefits her---either by raising publicity for her or by making her feel better by "fighting the EVIL REPUBLICANS". Strange that it is *HER* that is fighting this environmentalist's work and not some land developer or corporate polluter. But you can be sure if she wins, every land developer and corporate polluter will be using her case as a precedent. After all, don't they and their workers deserve privacy as well?
Brian Ellenberger
Her house isn't my wallpaper, but some of the beautiful, breathtaking scenes from the San Francisco Bay area are definitely going into my archive.
This is some incredibly beautiful photography. It's really rather sad that Ms. Streisand can't see the larger picture here. I can't imagine that all of the denizens of San Francisco proper will be suing the company as well. After all, if nothing else, this site and the photos will inspire people to perhaps take up lanscape photography, maybe to visit the California coast, or even to buy property in the area. No matter what happens, sites like these (and projects like these) can be a real boon to the economy of the region.
This is pretty much a slam dunk for free speach. His comments, by her own admission, are accurate, so she can't claim libel. She's a public figure, so she can't whine about privacy. If she wanted privacy in her life, the best way to accomplish that was to not strut around in a swimming suit for a national public audience. OF COURSE old boyfriends are going to come back from the dead when you reach celebrity status. If you're going to be a celebrity, make sure there isn't anything in your past that's going to embarrass you or others, or learn to live with the fact that somewhere out there some nutball is going to get his two minutes of fame by telling a story that nobody really cares about anyway. Well, the tabloids will care, but they're just as likely to make something up anyway, probably something worse.
-Restil
Play with my webcams and lights here
is to post what we feel about Mr. Max and Ms. Johnson on our own weblogs, right? expressing our opinions on the veracity of the information that Tucker Max posted?
We should also comment on the "Free Speech" banner on Katy Johnson's page, and I personally feel she is a huge hypocrite.
Do not look into laser with remaining eye.
"Besides," Adelman added, "Didn't she say she'd leave the country if Bush got elected? Well, we're waiting."
It's amazing the number of people who will run to the government to play bully for them when they're angry, but who feel that government power is evil when it is in the hands of someone they don't like. They need to learn that there are powers that no government ever should have regardless of the motives for using them. When you are willing to wield that power or have it weilded on your behalf, decrying its use at other times is more than a little hypocritical.
Sooooo... you can't write about a former girlfriend, yet any and all dirt on Bill Clinton (a President, no less) including cigars, cum stains and other sordid crud is suitable for public consumption?
Trolling is a art,
She's holding herself out as a public figure (and she is one by being miss vermont, anyway). As the lawyer said, the public has an interest in knowing if she lives up to the image she is portraying of herself. She's milking her public figure status for money/attention. It's a two-way street. If you are a public figure portraying yourself as a model of morality, the public always has an interest in knowing if you're full of bullshit and really an immoral piece of shit. For examle, Bill Bennett. He constantly holds himself out as a czar of morality, and the Right treats him as such. He's come out against porn, gambling, abortion, homosexuals, etc. So, when it turns out he has a huge gambling problem and has lost over a million bucks in casinos, the public has an interest in knowing that. If it were you or me (poor schlub nobody knows about) then making a website saying we have gambling problems may constitute harassment. Maybe. It would actually be more of a "false-light invasion of privacy" cause of action, and not all states have that.
Stupid people make stupid things profitable.
Even as a TRO, Lewis's order sounds very (probably unconstitutionally) broad. The only possible justification for such an order that I can see is a theory of invasion of privacy, but I doubt that would apply to the bulk of the events described in Google's cache of the article--if true, most of them were witnessed by other people, and many of them by lots of other people. Not much privacy there. However, the invasion of privacy theory can be used to stop the publication of true statements (suppose you were to publish my complete credit history--it'd be true, so I couldn't sue for libel, but it'd certainly be an invasion of privacy, and I could get an injunction against it), which is why I think it's the only possible justification for this order.
The rationale, I expect, goes something like this: If the statements are true and non-private, and we stop publication for a couple of weeks while we (the court) verify that, Max isn't harmed too much. However, if they aren't, and we don't, Johnson's reputation could be permanently damaged.
In a nutshell, Lewis's order is troubling, but it's not yet time to panic. I'll be interested to see how the case progresses, though. And FWIW, IAAL, but this isn't legal advice, you aren't my clients, etc.
I don't really think this is a first ammendment issue. This is about reasonable expectation of privacy. A photo taken from a public place of the outside of a building shouldn't be considered to be violating a reasonable expectation of privacy. A photo taken through and uncovered window probably would violate that privacy. By the same token, using strange magic to photograph the inside of the home is probably a violation of privacy too. Would you want the cops too see straight through your walls and catch a glimpse of the bong on the table? Probably not...
do not read this line twice.
Have you forgotten Jayson Blair already?
Ooh, moderator points! Five more idjits go to Minus One Hell!
Delendae sunt RIAA, MPAA et Windoze
If you can't face up to your past, DON'T pursue a role as a public figure (like Miss Pure-and-Proper America -- DUH). Eventually, it's gonna come back and bite you in the ass. Either have the ovaries to stand up and address the "mistakes" you've made, or STFU and retire to a quiet life of obscurity
Do you really believe that? Should every person who wants to run for any kind of public position be forced to lead a quiet and sanctimonious life?
Personally I don't want the David Souters of the world to be the only ones holding important positions. Real people who have lived real lives should also be able to. Otherwise the US is going to become a really boring (and repressed) country.
I think over time the guidelines on privacy may have to change, first amendment or not. People are entitled to a certain level of privacy, "celebrity" status or not.
Adrian
If half of the story told there is true, it could easily be in Katy's best interest to let it be told. For one thing, it works as a cautionary tale about letting your guard down and hooking up with the first total bastard with a law degree and some charm who crosses your path, so it could really help her platform. For another one, if she does finally go postal and put a few rounds in him, it'll be hard to blame her.
Yeah, she sure had her vacant and stupid moments in that story, and sure, Tucker Max has that good ol' livin'-a-james-bond-flick appeal, but you know, none of that makes it all right to treat someone like that in real life. I wonder if this guy practices law the way he hooks up with women.
Tweet, tweet.
Land deeds are public information, even in Malibu, California. The LA County Office of the Assessor has these documents for public perusal upon the asking.
From their website:
"No, no, no. Don't tug on that. You never know what it might be attached to."
It is a sad, ugly story. Shame on Tucker Max. It figures that he is a lawyer--what a cruel way to treat another person.
He's a jerk, and she's a flake. She's obviously in desperate need of a personality transplant, and had the misfortune of having her first intense relationship with a complete asshole. I've met the type, the very pretty girl that has always been made so aware of it she doesn't know who she is beyond her looks. At this rate, she's not going to find out.
--Dave
That is a bunch of shit and you know it. So some how he would only be appalled enough to leave the USA if the margin in Florida (which time and time again fell in Bush's favor) was bigger?
You know that he meant "If Bush becomes president..."
Just take it for what it was; a stupid celebrity, has flair for the dramatic, blowing off a lot of hot air. He never gave that thought any consideration, he was just saying words. They live in a different universe than the rest of us.
--Joey
Maybe I'm an old-fashioned kind of guy, but I don't know what's scarier: the implications of this lawsuit to free speech, or the fact that this narcissistic blowhard of a guy is now being celebrated by wanna-be's all over slashdot.
The humor is definitely Beavis & Butthead quality, IMHO.
In America, truth is absolute defence against libel.
Don't post that link here! The next thing we know, Miss Vermont will be suing Google and Slashdot!
I'd mod that funny, if I weren't afraid it might come true.
WWJD?
JWRTFM!
Are you advocating that "ordinary folks" shouldn't be able to discuss their encounters with public figures? What if they restrict their conversations to other po' folk who can't afford to sue them? I fail to see how the world would be a better place if Americans were denied the legal right to shine a light on the bullshit being shoveled by someone, especially if they have the money to bring a lawsuit.
If you've got so much money and want to shut someone up, hire a professional. I am so sick of thugs hiding behind the law. =p
I for one want normal people with all their flaws running the country. I don't care about their dark secrets, I want to know what they can do TODAY.
You might. Allegations of corruption, murder, extortion, embezzlement don't concern you? How would you recommend people choose a baby-sitter? I happen to believe, probably not uniquely, that the best indicator of future behavior is past performance. Having the law bar me from discovering what that is hardly helps me decide "what they can do TODAY", no?
The airspace over all our houses is a public place, controlled by the FAA. There have been numerous challenges to this in this country, but generally it's been held that only the Federal Gov't has the jurisdiction to control the airspace. Taking aerial photos is therefore similar to taking photos from the street, in that both are public places.
Adelman has taken these photos of the entire California coastline, even getting permission from the military to photograph the parts controlled by them. He has had several complaints from rich people who object to pix of their houses on the web, but he makes no exception for any of them. He has not singled out Streisand or anyone else, and he is not selling pix of her house for personal profit. The proceeds of sales go, as I understand it, to fund environmental preservation. He is legally allowed to fly in the airspace he was occupying at the time. Finally, hi-res satellite photos of the Streisand compound can no doubt be purchased from a for-profit organization, and presumably these have been available for years with no complaint from Ms. Streisand. So I think her case is pretty weak.
Interestingly, I had no idea that Streisand owned a home on the coast, and even though I knew about the California Coastline project, never would have had much interest in looking at her home. But the news of this lawsuit changed that; I simply had to go look. Adelman made it easy by putting a link to it right on the home page. I'm sure that many people who didn't know about the project at all, or at least didn't care particularly, are now fully informed about it. If privacy is what Streisand is after, she has chosen a funny way to get it. Even if a judge orders the removal of the picture from the website, copies of it will no doubt remain available all over the web. Even if the project is shut down as a result of this suit, and all the pix disappear from the web, the picture of her house will be famous, and will persist as long as there is a web and interest in Streisand.
No kidding! As far as I'm concerned, he is a far more disgusting person than she will ever be. So what, she's vain and confused; other than that, she's pretty much harmless. On the other hand, do we really need yet another overly self-impressed jerkoff with a loud mouth and a law degree in this world?
Umm, I'll go with the dumb blonde, thanks.
In Soviet Russia, Chuck Norris will still kick your ass.
I urge all Slashdotters to read the Google cache of this story. Wow. It's unbelievably crass, misogynistic, and utterly puerile.
It's also the stuff of life you're completely missing out on sitting at home playing Counter-Strike and Evercrack.
Seriously, Tucker is a ridiculous caricature of the antithesis of geekdom (which is not to see he's not a really bright guy). But use his extremism to find the golden mean: Especially you younger Slashdotters, go out and make some MEMORIES. Do something STUPID. Take some (respectful) CHANCES with women.
Tangents:
The shocking of hilarity of Tucker's story is that it has the ring of truth...Even Katy accuses him of "invading privacy" by conveying "accurate details" of her life.
On the other hand, the shocking hilarity of Katy's site is its utter vapidity that resonates with Tucker's assessment. Her cartoons...wow...I mean, I could draw better cartoons and I'm so bad at drawing I'd be ashamed to show them to my own mother. And the humor(?!). Wow.
Check out these tortured puns:
Make it your philosophy not to be Gossipy! GOSSIP -> G(R)OSS(L)IP. Get it? Gross Lip! Ha. Ha?
It's unfair that most comics are drawn by men. It's time for DISS*"WOMAN"ATION to end! Please kill me.
The groaners keep coming. It's amazing. I mean staggering.
One thing that should be verifiable is the two speeding tickets that are referred to in the story. That doesn't make the rest of the story true, but it would be an interesting place to start.
C'mon... isn't this a little too escapist-fantasyish, even for slashdot? I know every geek dreams of hitting it off with a Ms.(insert state of choice here), but isn't living it through the eyes of her lawyer Ex-BF a bit much? Talk about living vicariously through others...
So her intelligence is not Ph.D-in-number-theory Slashdot elite... that's really no excuse for her class-deficient Ex-BF to write a kiss-and-tell website about their entire relationship. Frankly, I'd say it's pretty weak. I understand wanting to do it; everyone's lived in bimbo limbo at some time in their life. Everyone who's ever had a bad breakup, whether they saw it coming or not, has wanted to do the same thing; it's actually doing it that's over the line. Be an adult and walk away, thankful that the other person is out of your space.
There's something to be said for being the bigger man about these things. Let it go... such people tend to get what's coming to them anyway; all it takes is time.
Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
I went to school w/ Miss Vermont & have firsthand knowledge of things that are way cruder than the story this guy posted. I would feel bad if she didn't set herself up as an abstinence advocate (not that theres anything wrong w/ it).
poor girl tho. according to his story she serviced him quite well & only made a fool of him a bit. she is stupid but doesn't deserve the anger that comes seeping out in his writing. unfortunately, I wouldn't be surprised if she tried to commit suicide. this is upsetting her deeply no doubt. but deal w/ it I guess, she made her bed, now LIE in it.
And we also know that 'Tucker Max' is an arrogant, mysogynistic little boy whose mama shoud've bitch-slapped him more when he was growing up. Scum like this little turd makes me think that forced castration for assholes is the only way to clean up the human gene pool....
Max
My god carries a hammer. Your god died nailed to a tree. Any questions?
the fact that this narcissistic blowhard of a guy is now being celebrated by wanna-be's all over slashdot.
Celebrated by mysogynistic geek losers who hate and fear women because they can't get a date with anything other than a RealDoll. Katy Johnson may have been too stupid to avoid a fuckwit like Tucker Max, but most women can spot these sorts of losers pretty quickly, and avoid them like the plague.
Why else do you think there are so many frustrated nerds out there? If most women were as lacking in the ability to judge character as Ms. Johnson, we'd be overrun with little nerdlets by now.
And as for Beavis and Butthead, I show I loved: these two were deliberately written as over-the-top losers of the worst sort. No one could mistake them for anything but losers. That's one of the things that made them so funny. Tucker Max, unfortunately, isn't immediately identifiable as a real-life Beavis, at least to some people.
Max
My god carries a hammer. Your god died nailed to a tree. Any questions?
In a word: Bullshit.
Huge, heaping, stinking mounds of badly decaying bullshit. Bullshit so deep that hipwaders are completely inadequate.
The "famous" are entitled to NOTHING more than the rest of us. Period.
We have this wonderful thing in the United States called the Constitution. It has been amended 27 times. The 14th of those amendments contains a clause that is commonly referred to as the "equal protection clause." This clause states that all the people in the United States have "equal protection of the laws." It does NOT say "equal protection of the law, and a little extra protection to those who are famous."
A logical conclusion of your otherwise reasonable point is that it should be OK to publish somebody's credit card details
Credit card details are protected by 3 things: Laws that make it illegal to open someone else's mail, laws that make fraud illegal, and the caution practiced by credit card holders.
or their health records
health records are protected by doctor/patient privilege
or the government's defence plans
These are protected by the National Security Act and other laws.
Real estate records, on the other hand, are protected by none of these. It's public information, and anyone who cares to stroll into the local courthouse can find the full name and address of every property owner in the county, along with the location, description, appraisal value, and a convenient diagram showing the shape and size of each piece of property they own. If someone goes through the trouble of taking a picture of my house from the street and finding the deed to my house in the county courthouse, they have every right to publish that information. I may not like it if someone did that, but I would like it less if property records weren't public. Why should Barbara Streisand have greater protection under the law than I? Does being famous somehow give one extra rights? How famous does one need to be to get those extra rights? Or does one only need to be rich? How rich? How much does it take to buy some of those extra rights?
"Alcohol, Tobacco, & Firearms" should be a convenience store, not a government agency.
This guy is obviously stalking this woman, you only have to read the first few paragraphs to see this bloke is a self obsessed sleeze ball who's out for revenge for being dumped and I would put good money on him being a psychopath.
Checkout the Dr Hare's DSM scale after reading the article, I have him exhibiting 16 of 20 key indicators of a psychopath.
- Glibness/ superficial charm
- Grandiose sense of self-worth
- Proneness to boredom
- Pathological lying
- Conning/ manipulative
- Lack of remorse
- Shallow affect
- Lack of empathy
- Parasitic lifestyle
- Poor behavioral controls
- Promiscuous behavior
- Early behavior problems
- Lack of realistic long-term plans
- Impulsivity
- Irresponsibility
- Failure to accept responsibility for actions
- Many marital relations
- Juvenile delinquency
- Poor risk for conditional release
- Criminal versatility
Of the two people in the man story, Johnson is by far the more scary. In fact both of them are *way* scary followed by the judge in the case who is scary AND ignorant.
.
Tucker is a creep. The man is an IQ-test for women living in a modern, pluralistic society where women are free to choose sexual partners. In any place like the United States or Western Europe where women can choose one, many, or no sexual partners, women learn to avoid the Tuckers of the world, usually in high school, or they fail to and it isn't anyone's business.
The fact that Johnson hadn't learned it and didn't avoid Tucker is telling with respect to her... a cautionary tale about classic prudery and its abstinence-as-ignorance-as-virtue attitude. In the real world, Johnson got off lucky in that She could have gotten more than just a Tucker: she could have gotten a Tucker with a disease.
The judge in the case is a horror who in a better world would wake up covered in a sweat of realization and retire from the bench after reversing herself
Yes, Tucker's portrayal of Johnson is painful to Johnson. Tucker is an egotistical turd, a man an earlier age would have called a cad, but the judge's decision sacrifices Tucker's right to free speech -- and by precedent, anyone's who comes before a court in a similar case -- in order to protect Johnson's right to hypocrisy; essentially, her right to foist on young women a standard of behavior that she herself obviously coudln't live up to and that was just as obviously harmful to her.
Johnson couldn't keep her legs closed when a Tucker rolled around, and she is selling the same set of attitudes that made her situation possible to impressionable young women; basically setting them up with the same sexual ignorance and social naivete that lead to her experience. Tucker's rebuttal, as nasty as it might be, would have provided a counterbalance to Johnson's B.S. and denial, working exactly as our free-speech provision is supposed to, and the judge shot that down. Honestly, that judge shouldn't be a judge anymore.
I can't stand the Tuckers of the world but I can only hope he appeals and wins.
To mail me, remove the 'mailno' from my email addy.
"Yeah. It smells, too..."
Wow, this guy really needs to get a life - this reads like a Dear Penthouse letter or something. For a lawyer, he has no tact....
Stop by my site where I write about ERP systems & more
Anyone who fucks a lawyer can't be all bad :-)
Seriously, why is everyone so appalled by Ms. Vermont? I read the story, and I came away completely disgusted by Mr. "Tucker Max" and feeling rather sorry for Ms. Johnson. The way I read it, the guy abused an emotionally crippled woman (with a great sense of smug satisfaction, I might add) and then told everyone he could about it. As far as I can tell, her greatest crime against him was sharing her truly outstanding body with him. (Last I looked, getting falling down drunk at a wedding reception is not a crime)
If this guy ever graduates from short-order cook to lawyer, I think we will be seeing more of him on late night TV commercials explaining how YOU, too, can sue for fun and profit.
Freedom of speech doesn't give someone the freedom to act like a complete asshole without suffering repercussions. He should thank his lucky stars she didn't put that marksmenship training to better use...
He keeps telling you at the start of the story how amazing it's going to be, and when you get to the end you realise it's just a standard girl-meets-bastard, girl-gets-treated-like-dirt story. The only amazing thing is that he has no shame, so he isn't embarassed to admit how nastily he treated her.
From Mr. Max's website:
"Of course, there is always the small flickering of hope that a hot, intelligent, emotionally stable girl will see my site, recognize my value, email me, we'll fall in love, get married, raise a gaggle of children, and live happily ever after. "
Sorry to say it, chum, but any girl who fulfills requirement #2 will run in the opposite direction at top speed when they see your site.
Everyone will start to cheer when you put on your sailin' shoes.