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Why You Should Never Lose Your Digital Media
kkrista writes "What would you do if you found someone's digital media card from their camera in your taxi? One such individual has decided to provide the world with 227 days of entertainment. I Found Some Of Your Life will post a photo a day and accompanying fictional narrative for the next 227 days using the photos found on a digital media card left in a cab. Is it pure genius or pure evil? Who cares? Just be thankful they're not your photos."
Keep in mind that there have been hoax blogs before. Did they really find the camera card? Do you believe every blog is true?
One line blog. I hear that they're called Twitters now.
What are the copyright issues here? I'm assuming that by default the pictures are protected by a copyright belonging to the owner of the memory stick. If I am right, this could be a problem for blogspot.
The taking of the card itself is theft. If you find something on the sidewalk, in a cab, etc that does not belong to you, you do not have the right to take and keep it. It is still property of the orignal owner. To keep it is theft, pure and simple.
However this is also a case of copyright infringement. Works are automatically copyright to you upon creation, no registration is required. So these photos are the copyright of whomever shot them. To post them on the Internet without their permission is infringement.
If I was the person who this happened to, I'd go after the blogger with a vengence. Instead of being a good citizen and either handing it over to the police or trying to track me down and instead of just being neutral, and leaving it, they decided to be malicious.
Personally, I hope they go to jail.
I'll leave the legal issues for the lawyers to handle - but more importantly, is it ethical?
If you found someone's driver's wallet with their driver's license and credit cards, would you go ahead and impersonate them or steal their identity? It would be an identity theft - in some ways, I think that is exactly what this guy is doing.
I shudder to think what will happen if the real guy finds out. I for one know that if my pics were put up on the net - I would certainly get very mad, very pissed and would sue this guy to kingdom come.
Leave the fun and coolness part of it - it's just not quite right, it's unethical and wrong. I do not know about anybody else, but in my book what this guy is doing is simply wrong.
Not really evil, because the pictures don't really contain all that much. But still, if something like this happens, you should treat it like finding someone's credit card or driver's license. If you can find the owner, the owner would appreciate having it back. If you can't find the owner, laugh with your friends if you want, but don't post it.
I can understand being mad, wanting an apology, and wanting the blog aken down, and maybe criminal proceedings if any laws were broken. But why do people think they deserve money for something like this? What have they lost? Mental suffering? Bullshit. People are just greedy bastards.
/Rant
It's also a bad idea because he has no model releases from anyone in the photos. Any one of them could bring a lawsuit against him.
The point isn't that they should receive the money. The point is that the person who's being an antisocial asshole deserves to LOSE it. After that, the person he wronged might as well get it.
In preparation for opening a website lampooning politicians (DailyHaiku.com, I asked a friend who is an intellectual property lawyer for some advice on what would constitute fair use for the photos we were planning on appropriating from the AP and other such sources.
His advice was pretty telling. While we had a good fair use argument, he indicated we would most likely run into legal problems anyway with model releases for people who weren't public figures, and even some politicians (like Arnold Schwarzenegger hotly contest their public figure status regarding copyright.
As it is we had to go strictly with photographs in the public domain (and thankfully almost everything the federal government produces counts) or expressly granted for general use.
Posting entire found pictures (actually an entire collection), especially if used with a profit motive, with no permission from the photographer and the subjects is just asking for an incredibly brutal pounding in court.
-dameron
Still waiting for my C&D from Dick Cheney...
But why do people think they deserve money for something like this?
Distributing copyrighted works without permission, especially unpublished copyrighted works straight out of a camera, can result in severe statutory damages.
Unfortunately in todays society people really don't understand the consequences of their actions unless its associated with a dollar value. Money is an excellent deterent.
"Thanks to the remote control I have the attention span of a gerbil."
But why do people think they deserve money for something like this? What have they lost? Mental suffering? Bullshit.
Obviously you are not from California.
Table-ized A.I.
First off I found the site very funny. Now reading the posts here, I'm very disappointed that I live in a country where everyone's first reaction to this seems to be "I'd sue the bastard" or "put him in jail".
Yes the guy who found the card should attempt to find the real owner, what better way? If he posted a few pics on the net, it would never get enough notoriaty to be found. Its a memory card, its not like there is an address and phone number on it. The cabby wouldn't be able to find the person, the person I'm sure doesn't know where exactly they lost it, and wouldn't be able to remember the cab companies name either. The cops would just junk it. This is the only way the real owner can get his pictures back.
Yes, in a way this is copyright infringment, but geeze, for a place that is sooo against musicians being able to keep people from copying things they actually make money off of, this guys pics seem like a bizarre hypocrisy to try to protect. It's not like he's a pro, or that he was gonna sell these pictures for money.
People here posting that this guy should be put in jail, or fined, or sued... well just chill out. He's having fun, I had a good laugh, and its actually possible that the real owner will get his pictures back, whereas if the poster didn't post them in this manner there is basically 0% chance that would happen.
They may be posing, but not for you. They have a very strong case against the blogger.
Additionally, most of the pictures are in public. There probably isn't a whole lot of expectation that your picture won't be taken/distributed if you're posing for a picture in public.
There is a very reasonable expectation if you don't see any unauthorized photographer close to you. We are not talking about spy cameras here, these are decent quality pictures taken either on private property, or with flash in darkness.
I can understand being mad, wanting an apology, and wanting the blog aken down, and maybe criminal proceedings if any laws were broken. But why do people think they deserve money for something like this?
They deserve to ask for punitive damages to punish and deter people from commiting these kinds of acts. And an extreme amount of public exposure can bring all sorts of problems like stalkers and death threats. There are a lot of loons out there that will target someone simply for being well-known publicly. Someone in that kind of a position will need security. Who is going to pay for it? If a person receiving a great deal of public exposure isn't someone like an actor who actually recieves an income relative to that exposure, then what financial recourse do they have to protect themself from the reprocussions?
What have they lost?
They have lost their privacy. Having pictures posted on the internet against one's will is an invasion of privacy, especially if it gets Slashdotted. Remember the Star Wars Kid? He and his family weren't too happy about all that and took the parents of the kids that put his video on the net to court. They didn't want any part of the internt cult status the practical joke had given him and would have preferred not to have him humiliated with that kind of exposure.
Even if these photos are taken down by the poster, they could already have been copied and circulated around the net, just like the Star Wars Kid. And just because you're not doing anything wrong in a photo doesn't mean your privacy should be left to others to toy with and take away. Isn't privacy a fundamental right?
Mental suffering?
Something like this can indeed cause mental suffering. Have you ever heard of social phobia? It is a very real anxiety disorder, and someone with such a condition could be severely traumatised if they had their privacy invaded with all the internet as an audience, even if the photos were innocuous.
What if a photo of yourself in an embarassing situation had been circulated on the net without your consent? A practical joke between friends is one thing, but letting a worldwide audience through the internet see it is another and can cause extreme humiliation and mental suffering.
I'd like to see the other person suffer
Wow, that's a statement. Too bad you weren't born in the 15th century, the Spanish Inquisition had a perfect job for you.
It would be nice to be sure of anything the way some people are of everything.
This is why I make the first image on my media cards be one that displays my contact information and then I lock it so it won't be erased accidentally.