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Oregon Woman Sues Yahoo for $3 Million

bigtallmofo writes "After notifying Yahoo that two member profiles about her were not authorized, Cecilia Barnes of Oregon is suing Yahoo for $3 million for failing to take down the profiles in a timely manner. The profiles allegedly set up by her ex-boyfriend contained nude photos of her along with her email address and work phone number. (Note: The member profiles have since been taken down by Yahoo)."

670 comments

  1. Adult Groups a Liability Risk by geomon · · Score: 5, Insightful

    I think that portal-based adult groups will probably go "bye-bye" if they are viewed as a financial risk to the hosting site. Yahoo puts all of this webspace up without asking questions about the veracity of the information and then doesn't have the resources to properly police it. I'm sure MSN will drop theirs as well if this case goes against Yahoo.

    I'm sure that this woman is not the first person who has had an ex-boyfriend/husband/lover post nude pictures of them on the net.

    --
    "Rocky Rococo, at your cervix!"
    1. Re:Adult Groups a Liability Risk by EyesofWolf · · Score: 5, Interesting

      I agree, she definitely can't be the first. If you think about this before the internet, there have been cases where people have had naked or otherwise naughty pictures of themselves exposed in printed format before. You don't sue the copy store that allowed the person to make photocopies, do you? She should probably be suing the ex.

      Of course, on the other hand, the part of her argument that does hold water is that she asked for the profiles to be taken down since they were fradulent. I do think it is reasonable to expect a reasonable turn around time from the company if you find something out there that you did not post. According to the article, she sent requests over three months, and received no response.

      --
      "A wolf's eyes can see into your soul"
      My writing
    2. Re:Adult Groups a Liability Risk by Mondoz · · Score: 1

      I thought the case wasn't so much about the posting of the pictures, but the fact they weren't removed at her request.

      They'll give dead people's email to families, but won't take down nude photos at the subject's request? That's odd.

      --
      /sig
    3. Re:Adult Groups a Liability Risk by pilgrim23 · · Score: 0, Offtopic

      The photos are also posted with her phone number, address, bank account number, DNA sequence, and Hat size in the chip on her Transatlantic ID card. Don't worry though, the information is required by government agencies and they ONLY will use it to determine her terrorist status .

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    4. Re:Adult Groups a Liability Risk by bagel2ooo · · Score: 1

      So why doesn't she sue her ex-boyfriend whom posted this information without her consent? Yahoo the site is just a tool, it would seem the person who posted those pictures should be the one to be sued not the tool which was misused.

      --
      ( o ) one could say I'm rather baked
    5. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 2, Interesting

      "You don't sue the copy store that allowed the person to make photocopies, do you? She should probably be suing the ex."

      No, you'd sue the store for letting the ex put piles of the printed pictures on their floor for anyone to take.

    6. Re:Adult Groups a Liability Risk by geomon · · Score: 2, Insightful

      So why doesn't she sue her ex-boyfriend whom posted this information without her consent?

      I'm sure he is next.

      Yahoo the site is just a tool, it would seem the person who posted those pictures should be the one to be sued not the tool which was misused.

      The article states that she requested that the information be removed on several occasions. They didn't comply with her requests. That could make them jointly liable to the original act.

      That is what the court will have to decide.

      --
      "Rocky Rococo, at your cervix!"
    7. Re:Adult Groups a Liability Risk by EyesofWolf · · Score: 2, Interesting

      Only if they didn't remove them right away (hence the second part of my post).

      --
      "A wolf's eyes can see into your soul"
      My writing
    8. Re:Adult Groups a Liability Risk by AvantLegion · · Score: 2, Funny
      I'm sure that this woman is not the first person who has had an ex-boyfriend/husband/lover post nude pictures of them on the net.

      Good thing too, or else I'd no longer have any use for this interweb thing.

    9. Re:Adult Groups a Liability Risk by Y2 · · Score: 5, Funny
      So why doesn't she sue her ex-boyfriend whom posted this information without her consent?

      He doesn't have three million dollars.

      --
      "But all your emitter and collector are belong to me!"
    10. Re:Adult Groups a Liability Risk by killtherat · · Score: 1

      So why doesn't she sue her ex-boyfriend whom posted this information without her consent?

      Probably because he doesn't have $3 million.

      Rule number one of 'legal club': Sue the guy with the money
      Rule number two of 'legal club': SUE THE GUY WITH THE MONEY!!

    11. Re:Adult Groups a Liability Risk by Andrewkov · · Score: 0, Redundant

      Probably her b/f doesn't have $3,000,000.

    12. Re:Adult Groups a Liability Risk by It+doesn't+come+easy · · Score: 2, Funny

      I'm sure that this woman is not the first person who has had an ex-boyfriend/husband/lover post nude pictures of them on the net.

      Any examples?

      --
      The NSA: The only part of the US government that actually listens.
    13. Re:Adult Groups a Liability Risk by kesuki · · Score: 1

      My sister once redid her ex boyfriend's profile, had the password changed etc... didn't put a nude photo, but put all kinds of wierd shit in his profile to make him look like a sicko...

      I think he paid me $20 to 'hack' the account (I knew the password, as my sister had to have me 'help' her do this) and then coz my sister's e-mail was still registered as the main one, she had them change the password back to her again, and I got another $20 to help him fix it again... that tiime i had to tell him it was set to use my sister's e-mail to change his password, so i set him up an e-mail account...

      All told I made $40 because of my sister breaking up with her boyfriend... not as impressive as trying to go for $3 million... She's not the first to have an ex defame her online, but she's probably the first to try and sue Yahoo! over it. I think the case law in this is pretty clear though, her Ex boyfriend is the only person who has any culpability, so the judge should rule against her.. But there is a chance that they didn't 'promptly' remove the offensive content, but that would be a slap on the wrist type deal, nothing worth $3 million...

      An easy solution for this problem is to 'suspend' images upon a complaint automatically, and upon review, decide if the profile is going to be deleted, or restored. Since yahoo has a number of 'member only' type features, they can probabably get volunteers to do the work for free, but if you don't monitor how often they do the work ect, you can get burned by relying on volunteer workers.. some try to get there just for the perks then do no work ;) and if you put a requirment that they accept/reject so many profile complaints they'll just click the same for all of them... without reviewing any of them..

    14. Re:Adult Groups a Liability Risk by OhPlz · · Score: 1
      The article states that she requested that the information be removed on several occasions. They didn't comply with her requests. That could make them jointly liable to the original act.

      Should yahoo have to take the profiles down? The women does not legally own all nude pictures of herself. Her phone numbers do not legally receive any special priveledge either, or phone books would be outlawed.

      I can't see how yahoo has done anything illegal, unless her state has specific privacy laws that apply.

    15. Re:Adult Groups a Liability Risk by DesertBlade · · Score: 0

      Because the boyfriend has a net worth of $50.

      She can get more money out of Yahoo.

      --
      Half of writing history is hiding the truth.
    16. Re:Adult Groups a Liability Risk by ackthpt · · Score: 0, Redundant
      I'm sure that this woman is not the first person who has had an ex-boyfriend/husband/lover post nude pictures of them on the net.

      Paris Hilton ring a bell?

      I seriously wonder wtf is wrong with women who let a boyfriend (in most instances an uncommitted relationship of indeterminant duration) photograph or tape them nekkid. One spat later and it's on half the PC's in the world.

      You'd think Vanessa Williams downfall would have taught people something, but alas, it appears the more foolish the person, the more famous they eventually become.

      --

      A feeling of having made the same mistake before: Deja Foobar
    17. Re:Adult Groups a Liability Risk by geomon · · Score: 4, Insightful

      People like this woman should take responsibility for their own actions.

      She didn't post the photos in public.

      You make nude photos of yourself then sorry, if they get posted somewhere its only your own fault and nobody else.

      No, if someone steals your property it is the perpetrators fault.

      No scruples, and no right to sue.

      So whatever you do as an adult, with another adult, in the privacy of your own home, should be considered by a court in a civil action?

      Dude, I think you are way off base on that one.

      --
      "Rocky Rococo, at your cervix!"
    18. Re:Adult Groups a Liability Risk by corsec67 · · Score: 1

      You forgot Rule number three:

      sue everybody, regardless of how small the connection between them and the case is.

      --
      If I have nothing to hide, don't search me
    19. Re:Adult Groups a Liability Risk by Drey · · Score: 2, Informative

      The email case took legal action from the dead soldier's family as well.

    20. Re:Adult Groups a Liability Risk by sTalking_Goat · · Score: 3, Interesting
      I agree, she definitely can't be the first.

      You aint kidding. Take walk over to Empornium and check out the Homemade section. Revenge porn is a booming sector.

      --

      My days of not taking you seriously are certainly coming to a middle...

    21. Re:Adult Groups a Liability Risk by OhPlz · · Score: 1

      What if he didn't steal the photos? What if he took them with permission while they were still dating?

    22. Re:Adult Groups a Liability Risk by It+doesn't+come+easy · · Score: 1

      That would be an interesting case. The boyfriend might not need her consent for the photos (it would probably depend on if she gave the pictures to him vs. allowed him to peruse them, especially since they were not married (no expectation of confidentiality as there is between spouses). Email addresses and phone numbers are semi public information, which could be a problem too. I'd like to see the case filed to see the outcome. And, if he were to win, then he could sue Yahoo for taking down the accounts. Sounds like fun.

      --
      The NSA: The only part of the US government that actually listens.
    23. Re:Adult Groups a Liability Risk by Satan+Dumpling · · Score: 0, Troll

      Now the evil ex-boyfriend should certainly be punished, but I wholeheartedly agree with you on one point:
      Never take nude photos, and they will never come back to bite you in the ass.

    24. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      I seriously wonder wtf is wrong with women who let a boyfriend (in most instances an uncommitted relationship of indeterminant duration) photograph or tape them nekkid.

      Since I'm not a woman I'll have to rely on a wild-ass guess: they're in love? The are in a relationship in which they trust the other person?

    25. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 1, Funny

      You make nude photos of yourself then sorry, if they get posted somewhere its only your own fault and nobody else. Hopefully that will be listened to when this goes to court. Nobody forced her to take naked photos, so it goes to show what kind of person yahoo is dealing with. No scruples, and no right to sue.

      Yeah. As soon as your clothes come off you're an evil dirty bad person and you deserve anything that happens to you. If pictures get posted without your permission it's your fault for being a naked dirty birdy and you have to "take personal responsibility" for having a naked body. Ewwww!

    26. Re:Adult Groups a Liability Risk by crippledlemming · · Score: 1

      How can this woman expect to get 3 million from yahoo? Her boyfriend didnt photoshop the nudes, she at some point consentually allowed them to be taken of her. The fact that he retained possetion of the nudes and posted them is this stupid lady's fault. This is another "i spilled hot coffee on my self now im going to sue you!" deal.

    27. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      And who takes nude photos of themselves and leaves them laying around to be stolen?

    28. Re:Adult Groups a Liability Risk by Intron · · Score: 3, Funny

      You forgot to mention that the nude photos were taken through her clothing using backscatter X-ray machines at the airport.

      --
      Intron: the portion of DNA which expresses nothing useful.
    29. Re:Adult Groups a Liability Risk by XenonChloride · · Score: 2, Funny
      I seriously wonder wtf is wrong with women who let a boyfriend (in most instances an uncommitted relationship of indeterminant duration) photograph or tape them nekkid.
      Hint: Some of them do enjoy to pose and don't mind to be caressed, spanked and bonked before, during and after the photo session ;-)
    30. Re:Adult Groups a Liability Risk by geomon · · Score: 2, Interesting

      Should yahoo have to take the profiles down?>

      Yes.

      The women does not legally own all nude pictures of herself. Her phone numbers do not legally receive any special priveledge either, or phone books would be outlawed.

      Your points are well taken, but the problem with this case is that her ex- used the profile to solicit sex from strangers who showed up at her workplace. Posting the information and pretending to be her is fraud.

      Posting nude pictures of her by itselfisn't something I would consider actionable, despite being an asshole-ish thing to do.

      --
      "Rocky Rococo, at your cervix!"
    31. Re:Adult Groups a Liability Risk by jejones · · Score: 1

      Her ex-boyfriend's pockets are far smaller than Yahoo's.

    32. Re:Adult Groups a Liability Risk by Mondoz · · Score: 1

      Good point.
      Forgot about that.

      --
      /sig
    33. Re:Adult Groups a Liability Risk by geomon · · Score: 1

      Her boyfriend didnt photoshop the nudes, she at some point consentually allowed them to be taken of her.

      If you RTFA you will see that he also posed as her online and solicited sex from strangers who showed up at her workplace.

      The fact that he retained possetion of the nudes and posted them is this stupid lady's fault.

      If all he did was post them, then I might agree with you.

      This is another "i spilled hot coffee on my self now im going to sue you!" deal.

      Yeah, I'll check back with you in 25 years when it is your daughter who is being harrassed at work.

      --
      "Rocky Rococo, at your cervix!"
    34. Re:Adult Groups a Liability Risk by Registered+Coward+v2 · · Score: 1

      What if he didn't steal the photos? What if he took them with permission while they were still dating?

      Unless he has a signed model release, having permission to take them is not enough.

      While she should go after him:

      he probably doesn't have the cash to pay a settlement;
      Yahoo should have pulled them as soon as she informed them about the unathorized use; and,
      I bet Yahoo relooks at it's posting ploicies.

      Imagine if it had be GE or Coca Cola complaining about unauthorized use of their trademark?

      --
      I'm a consultant - I convert gibberish into cash-flow.
    35. Re:Adult Groups a Liability Risk by Retric · · Score: 5, Insightful

      He used said information as part of a larger act of fraud so he is clearly liable. He might have been allowed to post those pics and that information but he also impersonated him in chat sessions to get men to show up at her office thinking they where going to have sex with her.

      Now AOL might not be required to take down her pictures and / or contact information but clearly letting him continue to use there system for months after they had been notified he was committing fraud with their system exposes them to some risk.

      IMO 3mil seems like a reasonable level of compensation for an organization that willfully allowed such level of harassment to continue for months. It's not like she is trying to get them to verify all information in their system just to have a system to take information down in the event it's misused. Think of the risk they would be taking if the pictures where of a 13 year old and they waited months to take them down.

    36. Re:Adult Groups a Liability Risk by geomon · · Score: 1

      What if he didn't steal the photos? What if he took them with permission while they were still dating?

      Okay, but she probably didn't consent to his posing as her and soliciting sex on her behalf.

      That is one reason why she asked to have the profile removed.

      --
      "Rocky Rococo, at your cervix!"
    37. Re:Adult Groups a Liability Risk by It+doesn't+come+easy · · Score: 2, Insightful

      Your point about fraud is valid and would likely let Yahoo (not AOL, right?) off the hook even if he did win.

      --
      The NSA: The only part of the US government that actually listens.
    38. Re:Adult Groups a Liability Risk by jrc · · Score: 1

      Right. And what if "while they were still dating" she agreed to have him post the photos in any public manner he desired?

      She either intended for him and/or her to view these in private, or... she and/or he are trying to pull a scam. Photos taken, fake breakup, photos posted, real lawsuit, ???, profit!!!, reconciliation, marriage, and 1200sqft $750,000 home in the burbs once the 15 minutes is over and done with.

    39. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 1, Funny

      "Caressed"? What kind of man are you? Next you'll be talking about "foreplay"!

    40. Re:Adult Groups a Liability Risk by Snowdog668 · · Score: 1

      Silly, because he doesn't have $3 million.

      --
      I wouldn't say I'm a bad gambler but the last time I went to Vegas I even lost a buck on the soda machine.
    41. Re:Adult Groups a Liability Risk by metlin · · Score: 5, Informative

      This is another "i spilled hot coffee on my self now im going to sue you!" deal.

      Okay, have you even seen the whole case of the hot-coffee lawsuit? Or checked the facts?

      That was an old woman, and the coffee was spilled down her lap and other surrounding areas causing third degree burns on that required skin grafts and a hospital stay for seven-days.

      She had approached them first for medical compensation and was refused, at which point she sued them. And incidentally, a judge later lowered the awarding amount to merely $480,000, which the media never publicized.

      And btw, McDonalds serves their coffee at 185 degrees, a good 20 degrees more than other restaurants - there have been cases of folks with first degree burns because of that.

      At the temperature that McDonalds serves their coffee, it just takes about five seconds for first degree burns to occur - which would require skin grafting.

      Next time you shoot off your mouth without knowing the facts, you might want to look at the reasons why some lawsuits may have been won. I hate frivolous lawsuits too, but that doesn't mean I walk around talking nonsense.

    42. Re:Adult Groups a Liability Risk by karnal · · Score: 1

      So the moral of your story is....

      Play both sides, and hope to make a profit?

      That must be where the lawyers come in to this whole USA legal system thingy.... and yes, I live in the US.

      --
      Karnal
    43. Re:Adult Groups a Liability Risk by Jaysyn · · Score: 1

      I've got quite a few nude pics of different girls I've dated & would never distribute them on the net or show them to my friends. Even after huge, horrible break-ups I've not given into that temptation. It's all about respect.

      --
      There is a war going on for your mind.
    44. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      I thought that was spelled "fourplay". No wonder my GF was pissed when I showed up with two more women!

    45. Re:Adult Groups a Liability Risk by Eccles · · Score: 1

      No wonder my GF was pissed when I showed up with two more women!

      What the hell are you doing on Slashdot?

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    46. Re:Adult Groups a Liability Risk by ray-auch · · Score: 1

      "So why doesn't she sue her ex-boyfriend"

      - at a guess, because he doesn't _have_ $3 million. If he did, he probably wouldn't be ex.

    47. Re:Adult Groups a Liability Risk by cayenne8 · · Score: 4, Funny
      "Revenge porn is a booming sector."

      GREAT.....now just another reason it gets harder and harder to get your girlfriend to let you take nekkid shots of her....

      :-(

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    48. Re:Adult Groups a Liability Risk by NitsujTPU · · Score: 1

      I think that spammers would sue.

      Yahoo adult groups sound like a way to herd cattle for mass spammings.

      "Penis pills, hot teens and video all on one site?!? My head might explode!"

    49. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      It seems that at least 7 Slashdotters are sharing a brain.

    50. Re:Adult Groups a Liability Risk by The+Madd+Rapper · · Score: 1

      Just wait until they become famous or important, then maybe you can make some money. It's all about patience.

      --
      That's the shit that feds me up
    51. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0
      Oh, I forgot to add the end of the story:

      Then I woke up. The only female in my bed was the neighbour's cat.

    52. Re:Adult Groups a Liability Risk by Karzz1 · · Score: 1

      "...her ex- used the profile to solicit sex from strangers who showed up at her workplace. Posting the information and pretending to be her is fraud. Posting nude pictures of her by itselfisn't something I would consider actionable, despite being an asshole-ish thing to do.

      I also agree that yahoo did not do anything that they should be held liable for, certainly not to the tune of 3mil. If anything, it seems the ex is guilty of identity theft. I do believe however that yahoo should have pulled the profiles upon notification by the woman that she did not create them.

      --
      Beware of he who would deny you access to information, for in his heart he dreams himself your master.
    53. Re:Adult Groups a Liability Risk by RpiMatty · · Score: 1

      Yes fraud by the Ex, not by yahoo.
      he should be the one held responsible for this.
      what do the yahoo tos say about impersonating someone?
      If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
      so yahoo f'ed up as well. I would think someone complaining about an imposter would be enough for them to suspect information is untrue.

    54. Re:Adult Groups a Liability Risk by Travoltus · · Score: 0, Troll

      He's probably earning $3 mil in a federal lockup. Too bad, of course, inmates won't actually pay him for the blowjobs he's giving :D

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    55. Re:Adult Groups a Liability Risk by D'Sphitz · · Score: 1

      whether they were slow responding to here requests or not, she totally lost me at the $3 million bit. Sorry bitch, if I were on the jury i'd be thinking more along the lines of $1,000, and ignoring your broke boyfriend who is the real culprit and suing yahoo for $3m sets off some red flags.

    56. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      I don't believe you, I want to see some evidence.. send us some pics?

      So, who wants to "me-too!" this thread?

    57. Re:Adult Groups a Liability Risk by That's+Unpossible! · · Score: 2, Insightful

      She should probably be suing the ex.

      Why? The ex doesn't have 3 million dollars, after all............

      --
      Ironically, the word ironically is often used incorrectly.
    58. Re:Adult Groups a Liability Risk by idontgno · · Score: 1
      ...Yahoo! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).[Emphasis mine]

      Notice, "right". Not "obligation". The agreement language you quote permits Yahoo! to act at its own discretion, but doesn't set up a contractual requirement to do so at anyone elses's.

      IANAL, but this bit of the TOS isn't helpful in the victim's case. I actually believe that Yahoo! is clearly in the wrong, but I'm kinda at a loss to figure out which legal principle would apply in support of common sense here. I guess that's why I'm not plaintiff's counsel (in addition to the fact that IANAL).

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    59. Re:Adult Groups a Liability Risk by Jaysyn · · Score: 1

      Well, I'll be the first to admit that's probably not going to happen....

      --
      There is a war going on for your mind.
    60. Re:Adult Groups a Liability Risk by AShuvalov · · Score: 1

      She doesn't know which boyfriend :-(

      --
      Andrew
    61. Re:Adult Groups a Liability Risk by hhawk · · Score: 1

      The issue is timely... not it's existance..
      IMHO.. they should have frozen the account and
      have some business process in place to investigate..

      And building in all legal and other fees into their EULA or other documents and charging that to the person who put up the false pictures, etc. should stop this from happening widely..

      --
      http://www.hawknest.com/
    62. Re:Adult Groups a Liability Risk by Retric · · Score: 1

      Ops it's Yahoo Inc.

      Sorry, I was thinking about AOL when I was writing that. Basic question what the liabilities of say AOL if someone hacked an IM account. I think a simple demonstration should suffice to ban an account. AKA if that account's log lists a personal phone number and they call the posted number whoever answers that number should be able to cancel the account.

      Now for a system like Yahoo's where you can post content then they clearly need to be able to take down said content if was kiddy porn or Classified information. So they have some level of liability. I hope this court case clears up what hosts are required to do and would be fine with either verdict but Yahoo is going to get some bad press if more people start doing this.

      PS: He win? I think their separate cases even if she lost vs. him Yahoo might still lose their case vs. her.

    63. Re:Adult Groups a Liability Risk by idontgno · · Score: 1
      You seem kinda worked up. It's interfering with your presentation.

      In the second paragraph, you state the coffee-lap victim received third-degree burns. If the coffee really was 185 degree F, I could believe it. (Actually, I think you're actually being conservative. I just googled the ATLA Tap Water Burn Litigation Center which says that third-degree scalds can form in 1 second at 160 degrees. But these folks appear to be lawyers who sue people and organizations which "cause" hot-tap-water injuries, so take their scientific information with a "science as played out in court" grain of salt. A court of law isn't scientific peer-review, after all.)

      Anyways, in the rest of your article, you refer only to first-degree burns. In particular, I find it hard to believe that first-degree burns would ever require skin grafts.

      So I'm forced to conclude that (A) at least once in the rest of the article, you meant "third-degree", particular in reference to grafting; and (B) the energized tone of your writing, while sincere, probably interfered with your ability to proofread your writing.

      Not trying to be pedantic, though I usually don't have to try too hard for that anyways, but your perfectly good point may have suffered by your presentation. Just so you know.

      Discuss among yourselves....

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    64. Re:Adult Groups a Liability Risk by ari_j · · Score: 1

      So why doesn't she sue her ex-boyfriend whom posted this information without her consent?

      Others have pointed out that Yahoo has deep pockets whereas the boyfriend doesn't. However, you hit a pet peeve of mine, which is using whom instead of who (or I instead of me) in a failed attempt to follow the more nuanced rules of English grammar.

      You wanted to use the word who here. The clause "who posted this information without her consent" acts as an adjective, modifying "her ex-boyfriend." In such a clause, you want the subject of it to be a subject pronoun; here, who is correct. If you had instead used the who/whom as an object, as in "her ex-boyfriend whom she hated with a passion," then you'd use whom because it is the object of hated.

      Similar problems occur when people try to use the word I too much. For instance, "Are you coming to the mall with Jane and I tonight?" is incorrect. But you didn't do that. I just wanted to indicate my distaste for it as equivalent to the who/whom confusion.

      Oh, and don't take this personally. Everyone on Slashdot (myself included) could use the occasional grammar lesson.

    65. Re:Adult Groups a Liability Risk by the_mad_poster · · Score: 1

      I have no idea if this is what you're doing, but it looks like it, and this is slashdot, so I will.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    66. Re:Adult Groups a Liability Risk by jarich · · Score: 3, Interesting
      she totally lost me at the $3 million bit.

      The point of a lawsuit isn't always to get the money, it's to get the attention of the company in question. Since Yahoo ignored her for several months, and the lawsuit got the profiles pulled, I'd say 3 million is a great number.

      Also, with a $$ driven corporation, the only way to effect change is to impact their profit margin. Asking for $1,000 wouldn't have been enough money to make Yahoo change any policies. But if she gets even a fraction of the three million, Yahoo will have to start taking removal requests a little more seriously.

    67. Re:Adult Groups a Liability Risk by LilGuy · · Score: 1

      I know at wal-mart you're not allowed to print any pics off your digital media if you're not the sole copyright owner, or without their express permission. Now anyone can choose to go ahead and print them anyways, but then later when someone find s out, they can't go after wal-mart. They have to go after the copyright infringer.

      --

      You're nothing; like me.
    68. Re:Adult Groups a Liability Risk by darth+dickinson · · Score: 1

      Now do you see one of the reasons to not get nekkid with one another until marriage?

    69. Re:Adult Groups a Liability Risk by GrassMunk · · Score: 1

      This is exactly what is wrong with the litigious nature of our society these days. She really should be suing the ex-boyfriend and then writting an article about how Yahoo's customer service sucks. The only thing that makes me angry in this case is that if it was an MP3 or a Movie yahoo woulda killed the content in seconds but an individual cant get anything done.

    70. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Except she asked Yahoo to take them down and they ignored her. If you want to use your stupid Wal-Mart story, you'd have to have her nude pictures in the Wal-Mart store and Wal-Mart continuing to sell pictures after she told them to stop.

    71. Re:Adult Groups a Liability Risk by Egorn · · Score: 1

      You may have heard of Paris Hilton:

      http://www.dtheatre.com/read.php?sid=2999

      --

      Movie News - "Entertainment news, bitch!"
    72. Re:Adult Groups a Liability Risk by KarmaMB84 · · Score: 4, Insightful

      When Yahoo drags their feet to remove someone's nude photos and fraudulent profiles with contact information tied to those photos, they SHOULD be sued into the ground.

    73. Re:Adult Groups a Liability Risk by saforrest · · Score: 1

      I'm sure that this woman is not the first person who has had an ex-boyfriend/husband/lover post nude pictures of them on the net.

      No, definitely not the first.

    74. Re:Adult Groups a Liability Risk by daikokatana · · Score: 1
      she totally lost me at the $3 million bit

      That depends. IANAL, but I have heard in recent cases that it is possible in modern law to express your loss as a percentage of your income. You could then sue the other party for the same amount of their income, so they pay a similar sum in damages to you. In a case where a company like Yahoo is involved, such damages could easily add up.

      --
      http://jcsnippets.atspace.com/ - a collection of Java & C# snippets
    75. Re:Adult Groups a Liability Risk by KarmaMB84 · · Score: 1

      Unfortunately for Yahoo, in a civil case all she has to do is show that Yahoo was at least partially responsible for her damage by hosting the photos and profiles. It's kind of hard to argue that people showing up at her work place soliciting sex isn't damaging. There doesn't necessarily need to be a law on the books for a civil case to work. If a jury finds that Yahoo was *probably* responsible for further damage by ignoring her requests to remove HER personal information contained in fraudulent profiles, they could give her even more than $3 million. They are prone to do that when they get a chance to punish the wealthy since juries aren't exactly filled with rich people that have any pity for the rich being separated from their wealth.

      The core of the case is about refusing to remove fraudelent profiles that were intended to cause her harm, not about Yahoo hosting them in the first place.

    76. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      So what? Not like you have one that's worth taking pics of anyway.

    77. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Dude,

      Where do you live that a 1200 sq ft home costs $750k? That definitely sucks. I had a 1300 sq ft home in the Chicago burbs that I sold for $180k. I thought that was ridiculous since it was alot more than I paid for it 4 years before that.

    78. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0
      Dude, I think you are way off base on that one.
      And you are entirely unrealistic, ``dude''. If between you and another consenting adult you have nude pictures taken of one or both of you, you're an irresponsible idiot to think those pictures won't get out to others. You have to deal with life the way it is, not the way you think it should be.
    79. Re:Adult Groups a Liability Risk by xnot · · Score: 1

      Posting the information and pretending to be her is fraud.

      Welcome to the internet my friend, where identity can not be confirmed. And if identity can not be confirmed, then neither can ownship.

    80. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Now do you see one of the reasons to not get nekkid with one another until marriage?

      Yes, because obviously marriage and trust are one and the same. Nobody would ever cheat on a spouse, for example. It just doesn't happen.

    81. Re:Adult Groups a Liability Risk by GSloop · · Score: 1

      Sad thing is, even with your mini lesson I still have absolutely no clue when to use whom, and when to use who. (Or comma's obviously...)

      *grin*

      But heck, "whom" nearly always sounds more high-brow. So, except for the odd pedantic like yourself, it's almost always worth the try.

      Cheers,
      Greg

      P.S.
      I never much understood what adjectives and pronouns were. Subjects I mostly understand. And I absolutely hated diagramming sentences I was completely and utterly lost.

      And don't even get me started on spelling. Ugh.

    82. Re:Adult Groups a Liability Risk by sanosuke76 · · Score: 1

      Considering the guys were showing up at her workplace (and probably creating a nuisance for her and her company): A. Her company could have legitimately sued Yahoo for not taking down the profiles, which were creating a distracting sitaution in the workplace. B. She was potentially in danger of losing her job, depending on how many men were showing up how often, and creating some degree of disruption. I know I sure as heck would have issues explaining to my manager why folks show up expecting to have sex with me. (Of course, considering I'm male, depending on what the women looked like, that could present a boost to my reputation/whatnot as well). Now, as for the boyfriend - sure, he did something wrong, and oughtta be punished. But, Yahoo does have an obligation to honor remove requests promptly.

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    83. Re:Adult Groups a Liability Risk by sanosuke76 · · Score: 1

      Actually, check out photographic model releases. Technically speaking, if you don't have a signed model release from someone, you can't go posting their picture anywhere or use it for anything. You can however take pictures all you want, and you can look at them yourself all you want. You just don't have the rights to show them to other folks. That having been said, that point of law very rarely comes up and isn't enforced much.

      Also, celebrities are specifically excluded from this protection in many cases, as are 'newsworthy' shots taken in editorial situations.

      Next up, the beach pics people like to share: legal to take, gray area to post, and no it's not illegal to TAKE pictures of folks without their knowledge. To SHOW them on the other hand... yes.

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    84. Re:Adult Groups a Liability Risk by ad0gg · · Score: 1

      The thing is she posed willingly. Courts have found in favor of the person who took the pictures because they own the copyright of the pictures. Dr Laura, Paris Hilton, etc. Only thing she can try to argue is that her image is trademarked, but since she isn't a model, actress or famous, that isn't going to hold up. Sucks to be her, next time she should take personal responsibility and not allow people to take nude photos of her, especially of her doing felatio on a dog.

      --

      Have you ever been to a turkish prison?

    85. Re:Adult Groups a Liability Risk by Belial6 · · Score: 1

      Because they guy that is posting your nude photos on the internet wouldn't be your boyfriend...he would be your husband?

    86. Re:Adult Groups a Liability Risk by Shalda · · Score: 1

      Posting nude pictures of her could very well be actionable. She may have a copyright interest in them. Some states, California for example, confer upon people a "right of publicity". That is, to use someone's image without their consent is illegal. All that said, the article doesn't give much information. Did the woman allege a copyright violation? Does Oregon recognize a right of publicity, do the servers hosting the pictures exist in a jurisdiction that recognizes such a right? Did the woman submit any evidence that her claims were legitimate? Who's responsible: Yahoo? Her ex? I don't know, but that's what we have courts for. Yahoo, whether they do or don't, should have a policy for dealing with complaints like this.

    87. Re:Adult Groups a Liability Risk by JohnsonWax · · Score: 2, Insightful

      GP: "You make nude photos of yourself then sorry, if they get posted somewhere its only your own fault and nobody else."

      P: No, if someone steals your property it is the perpetrators fault.

      This is an IP violation, not a property case. How is this any different than: "You make a feature film then sorry, if it gets posted somewhere it's your own fault and nobody else"

      Collectively, I don't think that the /. crowd would agree with the viewpoints of either the P or GP posts if this was RotS or the new NIN CD, yet change the content somewhat and suddenly new rationale come out.

      Q: If I opened an account with Yahoo and posted RotS claiming I not only held IP but was Lucas and Yahoo rebuffed his attempts at closing the account, would Lucas have the right to sue Yahoo? Who would have the rights to sue me?

      Of course not much of the above really applies here. The woman doesn't own IP on the photos - she didn't take them, he did. She no more owns the IP than I do of my 3rd grade class photo. The real issue here is the fraud/identity theft charge. The photos I think will be found to be totally irrelevant.

      Rule #1: If you don't want nude photos/sex tapes of yourself shared with the whole world, your *only* protection is to never have them taken, plain and simple.

    88. Re:Adult Groups a Liability Risk by kurzweilfreak · · Score: 1
      The question that runs through my mind that it seems TFA fails to answer is what kind of proof Yahoo required from her and what she gave them to prove that she was in fact the person who the user accounts were supposedly about. Without a little more detail in this matter, it's difficult to tell where exactly some of the blame can go. On one hand, if she did provide definitive proof to Yahoo with her request then sure, they would be at fault. On the other hand, if she simply sent a request to them, I would imagine some hesitation would be in order on their part. I sure wouldn't like Yahoo to just start indiscriminately shutting down accounts at people's requests without proof that the person requesting is in fact authorized to do so.

      I didn't see any mention of this issue in TFA, and maybe it's to be assumed, but not an assumption I would make. Did I miss something?

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

    89. Re:Adult Groups a Liability Risk by ari_j · · Score: 1

      Fair enough. :)

    90. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      I are goina su yu bekaus I are spelin challenge. I's is a protekted klass

    91. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Sweet dude! you got neigbour pussy!

    92. Re:Adult Groups a Liability Risk by aztektum · · Score: 1

      You don't sue the copy store that allowed the person to make photocopies, do you?

      If the copy store taped them to their front windows for anyone that walked by to see you most probably could. It's essentially what Yahoo! did, only their front windows are accessible to billions of people with a few clicks.

      --
      :: aztek ::
      No sig for you!!
    93. Re:Adult Groups a Liability Risk by MaverickUW · · Score: 1

      What part of the article didn't you read? It goes on to state that not only did her nude picture get on the net, but also that her address (home and work) telephone numbers as well. The Ex also went into chatrooms and stuff posing at her soliciting for sex basically. The fact is, she could have been seriously hurt by anybody who responded (and there were those who responded). That it wasn't taken down and stopped after numerous requests, that's why she's suing. She may not get any money, but you know Yahoo and others will take these types of requests more seriously in the future.

    94. Re:Adult Groups a Liability Risk by Gilmoure · · Score: 1

      There was that flap about Dr. Laura a few years ago, when some ex-boyfriend of hers made public some pics from her college years. D'oh!

      And if the data is digital, fu-ged-aboud-it. Nothing will ever really vanash. In some hard drive, we'll be able to find just about anything that ever made it out on the web.

      Now if I can just find that term paper I did about Laurie Anderson, that I posted to a fan site back in '94. I've lost my copy but I've found references to it here and there. I know it's out there somehwere!

      --
      I drank what? -- Socrates
    95. Re:Adult Groups a Liability Risk by ThomaMelas · · Score: 1

      Except that isn't protection. Video Voyerism for instance occurs without consent or knowage.

    96. Re:Adult Groups a Liability Risk by carlos_benj · · Score: 1

      Technically speaking, if you don't have a signed model release from someone, you can't go posting their picture anywhere or use it for anything.

      Depends entirely upon use. If it's photojournalism you can publish (as you mentioned). However, if it's a photojournalism shot that gets used on the cover it may be considered an image used to sell the product (magazine) and you could be required to produce a model release.

      It doesn't appear that the photos were posted for profit which is often a factor. I'd lean toward needing a model release.

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    97. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      heh, sure, my sister didn't pay me for any help I did for her though, I was living in her basement at the time...

    98. Re:Adult Groups a Liability Risk by Valar · · Score: 1

      Fortunately, dude, we have "laws" that are for the purpose (even if they aren't 100% effective) of making the world more like the way it should be.

    99. Re:Adult Groups a Liability Risk by Borg453b · · Score: 1

      In soviet russia, girlfriend takes nekkid shot of..

      Joke aside: I actually found that sometimes work the otherway around. An X of mine took a photo of me in bed on the evening we've met or the evening after (can't recall which).
      It was only showing my chest - and I couldnt decide whether to feel flattered or uncomfortable about the situation. I was both, I guess. Anyone else try that? What were your reactions?

      I never considered taking nude / semi nude pics of my girlfriends. I guess I had enough of them "in the flesh". Even so, the nice thing about regular pictures is you get to show off the person of your fancies to your friends (if you're unable to introduce them in person)..

      --

      - Mad, ingenous - they've both left you puzzled -
    100. Re:Adult Groups a Liability Risk by Valar · · Score: 1

      I do some part time work as a photographer (usually for fully clothed people, but same issue). In depictions of people, the photo itself is property of the photographer until he signs away the rights. However, what he can do with the photo is limited largely by the consent of the "model". If you wish to distribute a photo in any way, except for journalistic purposes, you need a model release. Of course, for most people taking pictures of family, the issue is moot, because your family probably won't sue you. That said, this is a simplification of a very complicated part of the law.

    101. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      This is not Yahoo's fault. That woman is just a dumbass bitch out for a free lunch who probably deserved what she got.

      $3 million over pictures of some old ass, wrinkly, dried out 50 year old? Please... _She'd_ have to pay people to look at those.

    102. Re:Adult Groups a Liability Risk by geomon · · Score: 1

      Some states, California for example, confer upon people a "right of publicity".

      Yeah, I consider that but I don't think Oregon has such a statute.

      Good point though.

      --
      "Rocky Rococo, at your cervix!"
    103. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      yeah, because it is definetly causing $3 million worth of damage to the woman, sure it's embarassing, but 3 fucking million? get real. chances are she will be back with the ex boyfriend to share the $3 million if she wins, with it just being an elaborate ploy.

    104. Re:Adult Groups a Liability Risk by Fjandr · · Score: 1

      The article says that attempts to get the content removed were met with no response.

    105. Re:Adult Groups a Liability Risk by ari_j · · Score: 1

      Protected classes, under constitutional equal protection standards, are considered those who closely match the paradigmatic class of blacks. I think that any comparison I try to draw between your comment and blacks would do nothing but give rise to cries of racism, whether I say your comment sounds black or say that no black person spells that poorly. But good try. ;)

    106. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Southern California. Yes, it does suck.

    107. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      None of what you said matters.

      1) The woman freely and willingly bought coffee from McDonald's.
      2) The woman knew that the coffee was hot.
      3) The woman was too old to be driving and should not have had a license.
      4) What kind of dumbass holds a hot beverage between their legs?
      5) What kind of dumbass attempts to drive while holding a hot beverage between their legs?
      6) What kind of clumsy oaf spills shit on themselves?

      Even though I thoroughly dislike McDonald's, it wasn't their fault in the slightest and they shouldn't have paid her a fucking dime. This is entirely on the woman who was so stupid that she burned herself and then couldn't accept responsibility for her own actions.

      Additionally, if I was a McDonald's patron, I'd be very dissatisfied if my coffee were tepid. That woman just ruined every other customer's hot coffee because she was a moron.

    108. Re:Adult Groups a Liability Risk by allism · · Score: 1

      Proof? Like nude pictures to make a comparison?

    109. Re:Adult Groups a Liability Risk by allism · · Score: 1

      You're thinking in terms of how $3 million would affect you, with your everyday income, vs. how $3 million would affect Yahoo, with their net sales per quarter at just below $1 billion, and net income of over $100 million. (You may have to enter the specific stock, YHOO, and select Financials - motleyfool is funny about letting people just hop into their website. Login foo@mailinator.com, if they ask for it - thanx bugmenot)

      This is like suing you for a can of Coca-Cola for you refusing to take down information that can be used to harass someone. It sounds like a lot to us, but given that requests didn't do anything, I doubt that a smaller dollar amount would have elicited a response. This is a big enough dollar amount to be 'newsworthy', and brings public pressure on Yahoo to do the right thing here.

    110. Re:Adult Groups a Liability Risk by Breakfast+Pants · · Score: 1

      You don't sue the copy store, because you can't ask them to undo their copies. Yahoo can do that. However, if you do sue Yahoo, Yahoo certainly has rights to sue the husband. Unfortunately, the jury will award millions of dollars over something that amounts to nothing more than a small embarrassment, and there is no way Yahoo can collect on that sum from the Husband. America is falling to shit because of it's legal environment.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    111. Re:Adult Groups a Liability Risk by Breakfast+Pants · · Score: 1

      Joke aside? JOKE ASIDE?!?! It isn't a joke, it is a fucking madlib. Please don't try to put joke status on it ever again. Thankfully, as a madlib, it will be extremely easy for me to take all posts making use of it out via greasemonkey, I'll start working on it right now.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    112. Re:Adult Groups a Liability Risk by geekee · · Score: 1

      "IMO 3mil seems like a reasonable level of compensation for an organization that willfully allowed such level of harassment to continue for months."

      So he makes $0 from his act of fraud, but she deserves $3M? He would get a lot more sympathy here, BTW, if he were sharing Star Wars III, instead of her pictures, at which point the consensus would be, he didn't make any money, anyone who really wanted to see the movie would have paid for it, $3000 would be too large of a fine.

      Anyway, Yahoo just shutting down someone's account because another person said so without a court order sounds wrong. I thought that was the /. opinion anyway.

      --
      Vote for Pedro
    113. Re:Adult Groups a Liability Risk by illumnatLA · · Score: 1

      Yahoo is in no way responsible... The suit should be dropped. This is no different than if the ex-boyfriend had taken a nude photo of her, taped inside of a truckstop bathroom stall with "I'm a slut, call me" on it. The truckstop would certainly not be liable.

      Yahoo is just like the truckstop bathroom wall. It's the person who stuck the thing up there that's responsible... not the owner of the place. It's just that Yahoo has nice deep pockets.

      --
      Web hosting that doesn't suck!Dreamhost
    114. Re:Adult Groups a Liability Risk by djdavetrouble · · Score: 1

      Play both sides, and hope to make a profit?

      I saw that movie, its called For a Few Dollars More, with Clint Eastwood. Apparently it only works if your the baddest hombre with a sidearm this side of Sicily.

      --
      music lover since 1969
    115. Re:Adult Groups a Liability Risk by ErikZ · · Score: 1

      That's a bad idea. Because then a corporation will go: Will it cost more than 1000$ per problem to deal with this? Yes? Then screw fixing it, it's not worth it.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    116. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0
      I do think it is reasonable to expect a reasonable turn around time from the company if you find something out there that you did not post. According to the article, she sent requests over three months, and received no response.

      What she considers reasonable and what Yahoo considers reasonable are two completely different things. They probably have a big pile of requests to remove this 'n that from the Yahoo Groups or from Profiles or whatnot. The simple fact is, the bad guy is the ex, not Yahoo.

      If he had made 500 photocopies of her nakie pix with phone number, email, etc. included, and pasted them on phone booths all over town, would it be the phone company's job to remove them? The city's? And how long do they have to do it by?
    117. Re:Adult Groups a Liability Risk by HiThere · · Score: 1

      Don't worry, you can just edit together a photo of her, and a more compromising photo of someone else.

      It's not that difficult to edit two photos together. Even matching skin tones shouldn't be as hard as the job I did matching wolf pelts...I had to get the hairs to "line up" (I didn't really do it at the hair level, but the coat color changes a lot with illumination changes, and I needed to move a patch of fur from one place to another.

      This kind of fakery is easy to detect if you go in with a magnifying glass, but ... well, that's not the point is it? Or is it?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    118. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Thanks for the post. That "whom" was pissing me off too.

    119. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      You're stupid.

      McDonald's knowingly kept their coffee at higher temperatures than other coffee places just so they could keep it around longer without replacing it with fresh coffee. They knew that it was dangerously hot, and they were willing to take a risk just to save a dollar every day at all their restaurants. If the lawsuit were smaller, they would keep serving dangerously hot coffee because they would still come out ahead after lawsuits.

      If you spill coffee from your coffee machine on yourself, it won't be that bad. If you spilled coffee from McDonald's on yourself at the time of the lawsuit, you would have ended up in the hospital. That doesn't mean the coffee from your coffee machine (or from McDonald's today) is tepid. It just means you don't have to wait as long for it to cool down to a drinkable temperature.

    120. Re:Adult Groups a Liability Risk by geomon · · Score: 1

      Yahoo is in no way responsible... The suit should be dropped.

      Thanks Your Honor.

      I think I will wait for the "real" judge to rule.

      This is no different than if the ex-boyfriend had taken a nude photo of her, taped inside of a truckstop bathroom stall with "I'm a slut, call me" on it. The truckstop would certainly not be liable.

      If the truckstop was asked to remove the nude photo and did nothing, then how would you rule?

      I guess you might want to RTFA.

      --
      "Rocky Rococo, at your cervix!"
    121. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Oh wait, who caused coffee the spill? Herself? Case closed.

    122. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Sad thing is, even with your mini lesson I still have absolutely no clue when to use whom, and when to use who.

      Who ran over my cat?

      To whom do I give an asskicking?

      "Who" is a subject for a verb. Who is someone who does (or did) something. "Whom" is a recipient of said verb action.

    123. Re:Adult Groups a Liability Risk by Stauf · · Score: 1

      Also, with a $$ driven corporation, the only way to effect change is to impact their profit margin. Asking for $1,000 wouldn't have been enough money to make Yahoo change any policies. But if she gets even a fraction of the three million, Yahoo will have to start taking removal requests a little more seriously.

      A fraction like 1/3000th will be enough for Yahoo to start taking removal requests a little more seriously.

    124. Re:Adult Groups a Liability Risk by XB-70 · · Score: 1

      She has lousy tits.

      --
      *** Don't be dull.***
    125. Re:Adult Groups a Liability Risk by StormKrow · · Score: 1

      You know, I have to bring this question up. Everyone KNOWS we live in the digital age. 9/10 times, people who do allow their significant other take nude photographs of them, realize that they will be taken with a digital camera, and if it's taken with a digital camera, it's going to be on someone's computer at some point. Secondly, given the nature of human beings, when someone dumps their significant other, they're left with a feeling of humiliation. Now they have the ability to return that humiliation. So I have to ask myself, what did she do that was bad enough to make him want to humiliate her. I kinda think the broad had it coming.

      --
      Who cares about the ozone layer?...thanks to CFC's I can write my name......IN CHEESE!!!
    126. Re:Adult Groups a Liability Risk by RKBA · · Score: 1
      "But heck, "whom" nearly always sounds more high-brow."

      Pretentious grammar is the sign of an illiterate, especially when it's incorrect pretentious grammar.
      P.S.
      Diagramming sentences was my favorite part of my high school English classes. ;-)

    127. Re:Adult Groups a Liability Risk by some+guy+I+know · · Score: 1
      if it's taken with a digital camera, it's going to be on someone's computer at some point.
      And not just digital cameras.
      It's also possible to convert a picture taken with a film-type camera[1] into a form suitable for placing on a computer, using a device known as a "scanner".
      These devices can be found in many office supply and computer stores, usually somewhere in the back.
      (They aren't publicized very much because they are usually used only for violating the copyrights of hard-working publishing empires.
      Oh, and ostensibly, the actual authors of the works being scanned.)

      [1] A "film-type" camera was an obsolete device (still used by the sort of people who buy $1000 gold cables for their audio equipment) that imaged photographs onto strips of chemical-laced plastic called "film".
      (I am not making this up.)
      In order for the owner of the camera to view these images in a usable form, he had to take the "film" to a store (usually a place that sold legal drugs and contraceptives), and wait several weeks for the film to be "developed", a process that involved, among other things, transferring the image to a two-dimensional rectangular wood-pulp-derived material called "paper".
      (Alternatively, he could build a "darkroom" in his house, and try to "develop" the "film" himself, which he would do if he wanted "high-quality" results.
      (Usually, though, the "high-quality" results were better than store-bought developing only to the extent that $1000 gold audio cables are better than ordinary audio cables.))
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    128. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      Or comma's obviously

      "commas".

    129. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      she's probably the first to try and sue Yahoo! over it

      "try to sue".

    130. Re:Adult Groups a Liability Risk by StormKrow · · Score: 1

      ./rollseyes

      Don't you think I've heard of, and *gasp* even used a film camera? AND....*shudder* own a few film cameras. I've even got a couple scanners laying around, imagine that.

      Most film developers won't develop PG-13 to NC-17 photos, you have to take them to a photography store that does private developing, (and even then, they may not do it.) The other option is develop it yourself, which not everyone is set up to be able to do that.

      This is why I say 9/10 times it's a digital camera, which 9.9/10 is probably a more accurate figure.

      --
      Who cares about the ozone layer?...thanks to CFC's I can write my name......IN CHEESE!!!
    131. Re:Adult Groups a Liability Risk by loraksus · · Score: 1

      If you don't have a model release, people can sue you under a variety of different laws. Especially if you are throwing nudie pics on the internet.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    132. Re:Adult Groups a Liability Risk by daikokatana · · Score: 1
      Although I do agree that it was not her brightest idea to let anybody take those pictures of her, I would like to add that your copyright argument is of no value to the courts.

      Where is the model release? Each time I submit one of my pictures to a stock agency, I have to file a model release signed by the model featured in the picture I just took.

      No model release, no right to release the image EVEN if you were the one who made it. Period.

      --
      http://jcsnippets.atspace.com/ - a collection of Java & C# snippets
    133. Re:Adult Groups a Liability Risk by ChrisMaple · · Score: 1
      The model release is a good point. However the copyright argument is not without value. It is long established that, absent a contract stating otherwise, the photos belong to the owner of the film. Ownership does not necessarily imply right to distribute.

      If she is identifiable and the photos are produced for financial gain, I guess the release would be necessary. The case is less clear if financial gain is not involved, but I think she has grounds for libel/defamation-of-character angainst the ex.

      --
      Contribute to civilization: ari.aynrand.org/donate
    134. Re:Adult Groups a Liability Risk by ChrisMaple · · Score: 1
      First degree burn: redness and pain.

      Second degree burn: blistering.

      Third degree burn: charring of the skin or formation of a separated scab.

      The above from wikipedia.

      I suppose it's possible, just barely, to get a scab from 185 degree water, but charring is clearly not possible.

      --
      Contribute to civilization: ari.aynrand.org/donate
    135. Re:Adult Groups a Liability Risk by Anonymous Coward · · Score: 0

      So you're saying you think it's okay to get money for being stupid? That's a great philosophy, bud.

    136. Re:Adult Groups a Liability Risk by benjamindees · · Score: 1

      yet change the content somewhat and suddenly new rationale come out.

      Amateur pornography wants to be free?

      --
      "I assumed blithely that there were no elves out there in the darkness"
    137. Re:Adult Groups a Liability Risk by butterwise · · Score: 1
      I'm sure that this woman is not the first person who has had an ex-boyfriend/husband/lover post nude pictures of them on the net.
      Gee, you think?
      --
      If a baby duck is a "duckling," why would anyone want to eat "dumplings?"
    138. Re:Adult Groups a Liability Risk by It+doesn't+come+easy · · Score: 1

      Yes, I meant 'he' (referring to the speculative case that he files against Yahoo because they took the accounts down without asking him, a case he files after she loses her case against him for posting the pictures -- are we confused yet?).

      --
      The NSA: The only part of the US government that actually listens.
    139. Re:Adult Groups a Liability Risk by Retric · · Score: 1

      Yahoo is providing a free service so in the event he sued them they would be liable for what? They have a "we can refuse service to anyone for any reason" clause so the most they would be liable for is a refund of 0$.

      It's unlikely that she would lose her case vs. him because he was impersonating her. He may or may not have the right to post pictures but clearly E-Mailing someone and saying hi my name is 'Anna" call me at 555-1212 and I will F^&* you all night long is against the law.

      Now if this was a simple geo city's act where he just posed pics of all his old GF's that would be one thing but clearly he was using their service to commit fraud. And by failing to respond to her repeated requests to take the sight down they where aiding him.

      It's standard operating procedure for most ISP's to take content down at the first request from anyone and they have yet to be fined for this.

      PS: I expect she is bringing some sort of charges against him. The article did not mention this but if she is that pissed off then clearly she is going to do something.

    140. Re:Adult Groups a Liability Risk by JuggleGeek · · Score: 1
      PS: I expect she is bringing some sort of charges against him. The article did not mention this but if she is that pissed off then clearly she is going to do something.

      If she doesn't file charges with him, then in court, Yahoo is likely to point it out, saying "She isn't worried about her reputation, or she would be charging the boyfriend that posted the pictures, impersonated her, and could do so again. She isn't worried about her reputation, she's just trying to get rich off of us."

      Also, it's quite possible that the "ex-boyfriend" is simply an accomplice in their scam.

      Yes, if she wants to be taken seriously, the ex-boyfriend needs to be charged. If she won't file against him, she doesn't have a case.

    141. Re:Adult Groups a Liability Risk by JuggleGeek · · Score: 1
      However, you hit a pet peeve of mine, which is using whom instead of who (or I instead of me) in a failed attempt to follow the more nuanced rules of English grammar.

      Grammar nazi's are idiots who don't understand that the point of language is communication. They want abstract rules and an opportunity to bitch and whine when those rules aren't followed. All I want is to be able to communicate, and I don't give a damn if I miss an apostrophe or dangle a participle (whatever the hell they are.)

    142. Re:Adult Groups a Liability Risk by fbjon · · Score: 1

      Uh.. why won't they develop? Who's saying they can't?

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
  2. My idea for a new google product by stlhawkeye · · Score: 5, Funny
    nudes.google.com

    Enter somebody's name, find all known nude photographs of that person. Needn't even be celebrities.

    --
    "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    1. Re:My idea for a new google product by Leroy_Brown242 · · Score: 4, Insightful

      hmmm, interesting idea.

      But of the tons of people on the internet, how many would you REALLY want to see naked?

    2. Re:My idea for a new google product by gustgr · · Score: 4, Funny

      What I don't want to see is old people from Korea.

    3. Re:My idea for a new google product by ArsonSmith · · Score: 0

      Hmm... 3

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    4. Re:My idea for a new google product by VxJasonxV · · Score: 1

      Google would then become synonymous with 'Blackmail dot com'

    5. Re:My idea for a new google product by uchi · · Score: 1, Funny

      nudes.google.com could hook into the FAA database, and use the images received from previous discussed sub-clothing scanners, which about to be implemented by the FAA in some airports. That way, you could accurately attach a certain name with a given image. It's almost too easy.

    6. Re:My idea for a new google product by Rude+Turnip · · Score: 1

      Don't worry. They only use email, not the web.

    7. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      In Soviet Russia, old Korean people see YOU naked!

    8. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      probably close to a billion.

      All of the women on the planet between the ages of 18 to 45 and between 110 and 180 pounds. Excluding pregnant ones, retarded ones , family, and pregnant retarded family.

    9. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      Enter somebody's name, find all known nude photographs of that person.

      Another idea would be to have photographs of the person nude.

    10. Re:My idea for a new google product by ZimZamBillaBam · · Score: 1

      Um, wouldn't that be noodes.google.com?

    11. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      How did this trash get modded INSIGHTFUL???? Come on mods!!

    12. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      180 ?!? That's just disgusting. How about ages 17-26 and weights 95-130?

    13. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      I like this idea! The problem is that not everyone has posted nudes of themselves on the internet that google would be able to find. So you've have to allow "fan art" as well as authentic photos. I'd love to see Linda, the secretary here at work, naked but I don't think she has posted nudes of herself on the web. But I could draw a picture of what I think she looks like, or photoshop her face onto pornstar Rocki Roads's body and upload it to the web. But I wouldn't want to go to all that trouble unless I knew that others could benefit from my work. That's where nudes.google.com comes in!

    14. Re:My idea for a new google product by stlhawkeye · · Score: 2, Funny

      Funny? You turds! I'm serious, here, tell me you wouldn't use that service to check for every coworker and classmate you know!

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    15. Re:My idea for a new google product by nigelc · · Score: 1
      A new money-spinning idea for /.

      pay enough money and we won't send you nude pictures of Cowboyneal!

      Probably make enough from that to buy a couple of BitKeeper licences...

      --


      Cthulhu Barata Nikto
    16. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      They already have booble.

    17. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      only if she's 5'3"

      cosmo's got nothing to do with my selection.

    18. Re:My idea for a new google product by Anonymous+Writer · · Score: 2, Funny

      But of the tons of people on the internet, how many would you REALLY want to see naked?

      http://nudes.google.com/~CowboyNeal

    19. Re:My idea for a new google product by saintp · · Score: 1, Troll

      Your working environment must be verrrrrry different from mine....

    20. Re:My idea for a new google product by SnprBoB86 · · Score: 2, Interesting

      My ex randomly contacts me form time to time for no better reason than to piss me off. If it happens to me on a bad day... I'll gladly offer my image collection as the first content for nudes.google.com

      --
      http://brandonbloom.name
    21. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      mmmmmmmmm........ preggos!

    22. Re:My idea for a new google product by bmalnad · · Score: 2, Funny
      What I don't want to see is old people from Korea.

      ... or America, or any other country listed here.

      --
      Free Scotland!
    23. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      speak for yourself

    24. Re:My idea for a new google product by TyfStar · · Score: 1

      Hmm..

      your ideas are intriguing and I wish to subscribe to your newsletter.

      --

      "There is a reason Linux is free"

      ~me~

    25. Re:My idea for a new google product by Anonymous Coward · · Score: 0

      That is called the "Image search" feature, with no filtering!

    26. Re:My idea for a new google product by BiloxiGeek · · Score: 1

      http://www.intriguing.com/mp/_scripts/blackmai.asp Monty Python's Blackmail Skit. The Brits already had that idea in a gameshow format.

      --
      Do not meddle in the affairs of dragons, For you are crunchy and go well with ketchup.
    27. Re:My idea for a new google product by Aumaden · · Score: 1

      Dude! That's what the subscription service is for. Filtering the 1 out of a 1000 hotties from the rest of us.

    28. Re:My idea for a new google product by FlatCatInASlatVat · · Score: 0

      We'll call it Oogle.

    29. Re:My idea for a new google product by houghi · · Score: 1

      Yes and in Soviet Russia, naked people watch you.

      --
      Don't fight for your country, if your country does not fight for you.
    30. Re:My idea for a new google product by MrScience · · Score: 1

      As always, Google is on top of things.

      *Warning: Links to Google's Mature Content directory.*

      --

      You quitting proves that the karma kap worked. The most annoying of the whores shut up. --CmdrTaco

  3. I guess it must be appropriate .. by macaulay805 · · Score: 1

    ... that I had recieved the "Nothing for you to see here. Please move along."

  4. Eh? by Anonymous Coward · · Score: 0

    Why post links if they don't work?

  5. girlfriend pics by siropel · · Score: 0, Interesting

    so let me get this straight ....if i put naked pics of my girlfriend on yahoo i get rich ? it's worth the risk, she won't be so mad at me when she gets $3 mil (i'll post the profile url soon)

  6. Errrr.... hum... by JFMulder · · Score: 0, Troll

    Anyone has a torrent? ;)

    1. Re:Errrr.... hum... by Anonymous Coward · · Score: 0

      Google Cache?

    2. Re:Errrr.... hum... by Anonymous Coward · · Score: 0

      Archive.org?

  7. Important note? by flossie · · Score: 4, Funny
    ... The profiles allegedly set up by her ex-boyfriend contained nude photos of her ... (Note: The member profiles have since been taken down by Yahoo).

    Someone doesn't have a very high opinion of /.ers!

    1. Re:Important note? by zdr1977 · · Score: 1

      with good reason! I clicked on the links before I even finished reading the story ;-)

    2. Re:Important note? by InfiniteWisdom · · Score: 2, Informative
    3. Re:Important note? by m50d · · Score: 1

      Read two posts down. Seems it's justified.

      --
      I am trolling
    4. Re:Important note? by milimetric · · Score: 1

      (Note: The member profiles have since been taken down by Yahoo)

      lol, aww man, I needed those pics because I'm in real shortage of good quality voyeur pics. For examples of awesome boyfriend revenges see CraigsList in any major city (like NY) under casual encounters.

      If craigslist gets slashdotted, the low opinion of /.ers is warranted, eh?

    5. Re:Important note? by Junior+J.+Junior+III · · Score: 1

      So where's the mirror?

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    6. Re:Important note? by karnal · · Score: 2, Funny

      One of the few times that /.ers would want to RTFA... er... pictures...

      --
      Karnal
  8. You know... by Goronmon · · Score: 3, Insightful

    I can understand she is upset and wants some compensation for the "emotional stress" such an incident might have caused, but... $3 million...are you serious?

    1. Re:You know... by nebaz · · Score: 2, Insightful

      If nothing else, it may be an amount to get Yahoo to take this seriously. Probably not $3 million worth, but I doubt that's even what the person wanted. They just wanted the pictures down. This may be done for the principle of the thing. Expect a settlement.

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    2. Re:You know... by Woogiemonger · · Score: 1

      I can understand she is upset and wants some compensation for the "emotional stress" such an incident might have caused, but... $3 million...are you serious?

      Sure she is. She wants to get rich, but I wouldn't be surprised if she got the money. The jury would see a huge, faceless company that will keep doing what they've been doing unless punished significantly. Yahoo can afford $3 million easily, but the prospect of more $3 million lawsuits coming in will make a difference.

    3. Re:You know... by Leroy_Brown242 · · Score: 1

      Sure, and why from yahoo? It's not like they posted the pics.

      You don't sue the DOT when you get hit by a drunk driver. Why sue yahoo for having the service that showed the pics?

    4. Re:You know... by pLnCrZy · · Score: 0, Troll

      In our finger-in-the-chili, burned-by-hot-coffee, neighbors-dog-barked-at-me-and-scared-me, overly litigious, self-serving, money-hungry society, I'm sure the LAST thing on her mind was "Hey, here's a great way for me to make a sh*tload of cash!"

    5. Re:You know... by xv4n · · Score: 1

      who nows? we need to see the pics first and find out if it's really worth it.

    6. Re:You know... by Anonymous Coward · · Score: 0

      It will make Yahoo and others put procedures in place to make sure that this sort of thing doesn't happen again. Thats why trial lawyers exist. Of course Bush says he will put a stop to that. Then anyone can post anything they want of you and you can do nothing. But if you post something damaging to some behemoth corporation, watch out! Even when it's true you will still get your pants sued off. Thanks Dubya!

    7. Re:You know... by Rashkae · · Score: 1

      Because Yahoo did not take the pictures down when requested. Yahoo did *Nothing* for two months.

    8. Re:You know... by smittyoneeach · · Score: 1
      This may be done for the principle of the thing.
      Principles in the legal system. I would believe in such if it were possible to sue only for the cost of the legal fees and opportunity costs of the legal hassle involved.
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    9. Re:You know... by Anonymous+Custard · · Score: 1

      That's different.

      She sued yahoo for not taking them down when she asked them to.

      And you certainly could sue the bar where he was visibly drunk for letting him drive home.

    10. Re:You know... by Mononoke · · Score: 4, Informative
      In our finger-in-the-chili, burned-by-hot-coffee, neighbors-dog-barked-at-me-and-scared-me, overly litigious, self-serving, money-hungry society...
      You might want to learn more about the hot coffee lawsuit before you include it in your rants.
      --
      NetInfo connection failed for server 127.0.0.1/local
    11. Re:You know... by jeffkjo1 · · Score: 1

      I can understand she is upset and wants some compensation for the "emotional stress" such an incident might have caused, but... $3 million...are you serious?

      I do not understand how it is that she is upset. She let someone, who was not married to her, take nude pictures of her. If it's your husband (or wife) taking the pictures, you have a bond that is both a moral and legal one. However, if you let some guy you met in a bar and have been dating for a while take pictures of you, when you break up on bad terms, don't be surprised if those pictures end up somewhere you don't want them.

    12. Re:You know... by dougmc · · Score: 1
      Sure, and why from yahoo? It's not like they posted the pics.
      Well, her ex probably doesn't have $3 million dollars to give her -- `you can't get blood from a turnip'. (Perhaps that's why she left him!) And she may not be able to prove that he did it anyways.

      And she may sue him later. Who knows?

      Why sue yahoo for having the service that showed the pics?
      It seems reasonable to me for Yahoo to remove naked pictures of somebody when asked, especially when the person isn't the one who posted them. Apparantly Yahoo did not. They certainly seem to have done so now, so apparantly the lawsuit has had some effect already.

      She could have pulled the DMCA card on Yahoo -- claimed copyright on the images, and asked to have them removed on those grounds. (The law requires prompt action on that sort of thing.) Though the copyright would belong to the person who took the pictures, not the person in the images, though it's highly unlikely that the person who took the pictures (her ex?) would step up to dispute the claim. And to be fair, getting to sue for $3 million dollars (and probably winning, or getting a large chunk of that in a settlement) is probably worth having your naked picture online for a few extra days or weeks.

      I'm not sure what the going rate is, but I'm pretty sure even most Playboy playmates don't get $3 million dollars for their posing. Even the celebrity ones ...

    13. Re:You know... by haystor · · Score: 3, Funny

      If my ex-girlfriend put pictures on the web and used chat rooms to get women to show up at my workplace demanding sex I think $3million would be about right. I have no idea how I'd come up with the $3million though.

      --
      t
    14. Re:You know... by pLnCrZy · · Score: 1

      I had a perfectly good smart-ass response prepared, but then decided to be nice. I'm trying to turn over a new leaf.

      I did not say "The McDonald's Hot Coffee" lawsuit. Since the McDonald's lawsuit, there have been numerous frivilous lawsuits regarding hot coffee and similar issues (the pizza was so hot it burned my tongue!) from poeple trying to get on that gravy train.

      I think your high horse is over there, drinking from the stream.

    15. Re:You know... by hackstraw · · Score: 1

      I can understand she is upset and wants some compensation for the "emotional stress" such an incident might have caused, but... $3 million...are you serious?

      Yeah, its a bit much, but the dude from the goofy "Everybody Loves Raymond" show got paid $1.8 million for each 30 minute episode. Even he thought it was a bit much.

      Civil suits and even the fines associated from criminal suits are always doable. Nobody is going to sue a mom and pop store for $3 mil. The lawyers won't take the case, the mom and pop do not have the cash, its a done deal.

      Also, these kinds of suits are overdone so that its more likely to be settled out of court. By settling for $1 mil, yahoo can see it as saving $2 mil plus court and lawyer expenses.

      Plus there is _no_ compensation for emotion. How much is a lawsuit for the death of someone worth? How deep the pockets of the defendant are. If the defendant has no money, the person's death is worth nothing as well. (Plus dead people don't need money).

      Personally, I do feel as though yahoo was to a degree negligent by not removing the pages more quickly. I'm not that familiar with there services, but it seems like that should be a standard thing, and having someone's nude photos and work telephone number is a bit much.

    16. Re:You know... by Locke2005 · · Score: 1

      IANAL, but the usual legal strategy is to sue for about 100 times what you could reasonably expect to be awarded in court, in hopes of convincing the other side to settle. (Yes, I was sued for $500,000 once by somebody that had no case. They got $0, but the point is, you can sue for any number you can pull out of thin air.)

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    17. Re:You know... by P3NIS_CLEAVER · · Score: 0

      Suppose somebody takes out a credit card in your name. All of the information used to get the credit card was obtained legally.

      You request that the bank cancel the credit card and they refuse. Is this right?

      There has been cases in the past where somebody was harassing someone by doing the same thing on the usenet (setting up gay dates and such)
      they were convicted.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    18. Re:You know... by noidentity · · Score: 1

      Compensation versus prevention (punishment). If the suit were only for compensation, it might not be worth it for businesses to change their ways.

    19. Re:You know... by siegesama · · Score: 1

      It's probably what she considers fair market value for the photos :)

      --
      what the hell is a 'junk character', anyway?
    20. Re:You know... by fshalor · · Score: 1

      You do sue the DOT if the (not drunk or drunken ) driver lost control of their vehicle due to some specific lapse or failure of the DOT to adminster to their duties as required by thier laws and operating principles.

      That's what's happening here.

      Yahoo was told to correct an issue with their service which violated someone's privacy. The're right to be called on it.

      Now, if this had been, say , a picture of the presidents daughters or something, Im' sure we wouldn't have even heard about it. They would have just disappeared with the first email/phone call.

      --
      -=fshalor ::this post not spellchecked. move along::
    21. Re:You know... by WoBIX · · Score: 1

      The McDonald's suit comes down to someone wanting a beverage known to be quite hot delivered to them in a car.

      Regular coffee or super heated coffee, it was the consumers choice to buy it and use it in that environment. Tough luck if it spilled. Cars aren't mounted on gyroscopes and expected to be perfectly stable platforms.

      If they buy coffee, go walking down the sidewalk and trip over a tuft of grass is it the city's fault?

    22. Re:You know... by SvnLyrBrto · · Score: 1

      From the link you provided...

      > McDonald's consistently keeps its coffee at 185 degrees

      Which, if you had ever bothered to educate yourself about coffee, *IS*, in fact, the proper temperature at which to serve it. Almost any book or other material written about gourmet coffee or for coffee aficionados will agree. Not that that swill they serve at McDonalds if gourmet.... or coffee.... or even drinkable; but that's entirely beside the point.

      Coffee is a beverage that is meant to be sipped, not gulped. And you're certainly not supposed to pout it on yourself for shits and giggles.

      cya,
      john

      --
      Imagine all the people...
    23. Re:You know... by Anonymous Coward · · Score: 1, Insightful

      People should quit citing the lawsuit on both sides.

      Yes, the coffee shouldn't have been that hot.

      And Yes, putting your coffee in your lap to open it is fucking stupid no matter what temperature it is.

    24. Re:You know... by mindstormpt · · Score: 1

      And you might want to learn more about cofee. If you go to any decent european cafe you'll notice the coffee is served at aproximately 90 Celsius, which equals about 194 Fahrenheit, I suppose. And it's not by accident.

    25. Re:You know... by Goronmon · · Score: 1

      I actually take back what I said. Like most of the people replying here, I didn't read the article close enough. If she asked Yahoo to remove her information and pictures removed, and Yahoo delayed for over 3 months, $3 million still seems like a lot, but then again Yahoo could have easily avoided this by not dragging their feet.

    26. Re:You know... by Saeed+al-Sahaf · · Score: 1

      It's not about getting rich (but hey, honestly, why not?), it's about making companies pay attention and take responsibility. Sure, she could have sued for $50. Do you think that would have registered on Yahoo's radar? These days if you want a corp to pay attention, you need to sue for a number that makes them look up from their Wall Street Journal.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    27. Re:You know... by Anonymous Coward · · Score: 0

      Actually, so might you.

      For example, the link you provided says that McDonalds kept their coffee at 185 degrees, 20 degrees hotter than other restaraunts. In a similar case ANGELINA AND JACK MCMAHON v BUNN-O-MATIC CORP., ET AL. the 7th Circuit Court of Appeals noted the following:

      Let us tackle the contention that Bunn should have warned the McMahons about the dangers of hot coffee. What would this warning have entailed? A statement that coffee is served hot? That it can cause burns? They already knew these things and did not need to be reminded (as both conceded in their depositions). See American Law Institute, Restatement of Torts: Products Liability sec.2 comment j (Proposed Final Draft 1997). That this coffee was unusually hot and therefore capable of causing severe burns? Warning consumers about a surprising feature that is potentially dangerous yet hard to observe could be useful, but the record lacks any evidence that 179 degrees F is unusually hot for coffee. Neither side submitted evidence about the range of temperatures used by commercial coffee makers, or even about the range of temperatures for Bunn's line of products. The McMahons essentially ask us to take judicial notice that 179 degrees is abnormal, but this is not the sort of incontestable fact for which proof is unnecessary. In Barnett and Oubre the courts reported that the industry- standard serving temperature is between 175 degrees and 185 degrees F, and if this is so then the McMahons' coffee held no surprises. What is more, most consumers prepare and consume hotter beverages at home. Angelina McMahon is a tea drinker, and tea is prepared by pouring boiling water over tea leaves. Until 20 years ago most home coffee was made in percolators, where the water boiled during the brewing cycle and took some time to cool below 180 degrees. Apparently the McMahons believe that home drip brewing machines now in common use are much cooler, but the record does not support this, and a little digging on our own part turned up ANSI/AHAM CM-1-1986, which the American National Standards Institute adopted for home coffee makers. Standard 5.2.1 provides:

      On completion of the brewing cycle and within a 2 minute interval, the beverage temperature in the dispensing vessel of the coffee maker while stirring should be between the limits of 170 degrees F and 205 degrees F (77 degrees C and 96 degrees C).

      The upper finished brew temperature limit assures that the coffee does not reach the boiling point which can affect the taste and aroma. The lower temperature limit assures generally acceptable drinking temperature when pouring into a cold cup, adding cream, sugar and spoon.

      Standard 5.2.3.2 adds, for any coffee maker that "incorporates means to maintain beverage temperature on completion of a brewing cycle": With the appliance containing maximum rated cup capacity of liquid, basket and pump removed (if present), allow to stand while still energized in an ambient temperature of 73 ñ 9 degrees F (23 ñ 5 degrees C) for a period of 1 hour at which time the beverage temperature in the appliance should not be lower than 170 degrees F (76.7 degrees C).

      Thus home coffee makers that claim to follow the standard (a voluntary step; no statute or regulation requires compliance) must brew and hold coffee at a temperature that does not fall below 170 degrees. Coffee served at 180 degrees by a roadside vendor, which doubtless expects that it will cool during the longer interval before consumption, does not seem so abnormal as to require a heads-up warning. /end quote

      Furthermore, yes, there were 700 cases of injuries. Those 700 cases came as the result of billions of cups of coffee sold. A 1 in 24 million injury rate is pretty damned good IMO.

      There's also the fact that one of the jury members later stated that when the McDonald's expert used the term "statistically insignificant" it was a term of insult.

    28. Re:You know... by JenovaSynthesis · · Score: 1

      And even if for the sake of argument we McDonald's was incideous with its coffee in that lawsuit, the woman was still extremely stupid to put the cup between her legs.

      My favorites are the ones who sue because McDonald's, etc. made them obese. As if they ate the food there 3x/day for years and suddently went from a 28" waist to a 54" once. You would think after they hit no bigger than 34" they'd notice something was wrong with their weight and adjust their diet and exercise.

      Cases like those would illustrate exactly why I should not be a judge because I would laugh in the face of these litigants for about 10-15 minutes before dismissing the case with extreme predjudice.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    29. Re:You know... by Skapare · · Score: 1

      $3 million is extravagant if Yahoo delayed a few days in taking down the profiles. But... 2 months ... are you serious? It's a $3 million dollar lesson they need to learn ... and absorb. If they lose (and I sure hope they do) they will surely want to avoid that again, and will make sure staff will handle things properly from now on. Then I think the winning plaintiff should donate most of the money to good causes, keeping enough to live on for a few years.

      --
      now we need to go OSS in diesel cars
    30. Re:You know... by taustin · · Score: 1

      There is no place in the United States where it is legal to publish, in a public forum of any kind, any photo, nude or otherwise, of anyone, without their permission (with the exception of stuff that's "newsworthy"). It's called a "model release," and if you don't have one, you take your financial future in your hands if you publish a photo.

      And rightly so.

    31. Re:You know... by Anonymous Coward · · Score: 0

      From that site:

      McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

      Bullshit. That's ridiculous. The coffee was so hot that she got charred wounds and eschars? Is McCoffee really molten steel or something?

      Coffee (i.e. mostly water) cannot get hotter than 100C, if it's hotter than that it's either steam or while being kept in a pressurised container. It's impossible that she got more than 2nd degree burns in the most exposed area even if she sat and poured boiling coffee for a minute or so from a container that's kept warm.

      More idiocy:
      [...] coffee at 185 degrees [85C], still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

      That's just so wrong it's bizarre. When it comes to dermatology, if you don't trust common sense, then trust us who have studied dermatology, not lawyers. Apart from the "3rd degree" total nonsense, and the pain which is the only thing that's true, they've got to be talking about an infant's face being dipped in boiling coffee...

      (Why does slashduh eat my degree signs?)

    32. Re:You know... by Anonymous Coward · · Score: 0

      WTF?

      That link says 3rd degree burns. 3rd degree burns require CHARRING. 185 degrees F isn't enough to bring up 3rd degree burns requiring skin grafts.

      I call BS.

    33. Re:You know... by Mononoke · · Score: 1

      McDonalds isn't any "decent European cafe" and they certainly aren't serving it in nice ceramic cups. Compared to other restaurants serving in paper cups, McDonalds was serving 20 degrees higher, and had been warned about it many times before.

      --
      NetInfo connection failed for server 127.0.0.1/local
    34. Re:You know... by quisph · · Score: 1
      And even if for the sake of argument we McDonald's was incideous with its coffee in that lawsuit, the woman was still extremely stupid to put the cup between her legs.

      Yes, and the jury agreed that she was 20% at fault, and reduced the damages accordingly. Your point?

    35. Re:You know... by NASAdude · · Score: 1

      You're mistaken.

      If the case goes her way and she's awarded $3 million, she'll get $100k. The remaining $2.9 million is for the attorneys.

      And then she and her ex-boyfriend will each get $2 million book deals and appearances on Oprah and Letterman.

    36. Re:You know... by Anonymous Coward · · Score: 0
      the usual legal strategy is to sue for about 100 times what you could reasonably expect to be awarded in court, in hopes of convincing the other side to settle.
      That's true, but that's only part of the reason. For instance, a lawyer has to advise you to sue for every possible thing that could conceivably result in damages, and to sue every person or entity who could possibly have been at fault. If he doesn't, then HE could be liable for malpractice.
    37. Re:You know... by killjoe · · Score: 0, Flamebait

      He doesn't have a point, he is merely repeating the things he heard on talk radio and fox news.

      --
      evil is as evil does
    38. Re:You know... by Anonymous Coward · · Score: 0

      Okay, so I followed the link and read the self-serving trial-lawyer-written stuff there, and that lawsuit still looks like bullshit to me.

      There's no getting around the basic fact of the case that it's someone suing McDonald's for giving them a cup of 185 degree water. Not even boiling water.

      To buy into this judgement, you have to believe that giving hot liquid to adults who ask for it is negligence, because adults are not capable of handling hot liquids.

      Another fact left off that page is that consumers significantly prefer their coffee at the temperature McDonald's serves it compared to the lower temperatures the lawyers believe is all we're qualified to handle.

    39. Re:You know... by Josh+Booth · · Score: 1

      Exactly. When people make coffee, it starts out as boiling water being shot through or dripped onto coffee grounds. Most people are smart enough to realize that this means the coffee beverage could be anywhere from room temperature to almost boiling.

    40. Re:You know... by topper24hours · · Score: 1

      Ummm.... I was unaware until today of the fact that McDonald's coffee was 20 degrees hotter than other restaurants coffee. I'd say that bears some type of warning.

    41. Re:You know... by Saeger · · Score: 1
      You know, everything after, say, the first one million in an OBSCENE payout like that should be going to some central account to be redistributed back to the citizens at large.

      All these multibillion-dollar tobacco awards and the like should be going back to all the people directly, rather than to a few individuals & lawyers.

      --
      Power to the Peaceful
    42. Re:You know... by WindBourne · · Score: 1

      3'rd degree is not necesarily charred skin. In fact, degree is more about depth. I was just googling and apparently the medical field has since switch from degrees to talking about depth. It is quite possible to have 3'rd degree burns from boiling water. In fact, chicken is cooked in boiling water, and I can assure you that it has at least 3'rd degree, yet nothing charred.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    43. Re:You know... by Saeed+al-Sahaf · · Score: 1

      People like you whine and whine until something happens to YOU, than your high-horse rant on "personal responsibility" goes right out the window of your lawyer's office.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    44. Re:You know... by Jherek+Carnelian · · Score: 1

      That's ridiculous. The coffee was so hot that she got charred wounds and eschars

      If you were really a derm, you would know that "3rd degree burn" refers to a full-thickness burn - i.e. all layers of skin were burnt. While 3rd degree burns from flame or other dry sources usually produce charing, burns from boiling water need not and yet can still damage all layers of the skin.

      It's impossible that she got more than 2nd degree burns in the most exposed area even if she sat and poured boiling coffee for a minute or so from a container that's kept warm.

      The scalding coffee was partially absorbed by her pants and thus held against her skin.

    45. Re:You know... by srleffler · · Score: 1

      It was still an outrageous decision. The fact that other restaurants serve coffee 20 degrees too cold should not make McDonald's liable merely for serving coffee at the optimum temperature for good taste. Hot coffee is supposed to be hot. It is the customer's responsibility to be aware of that and to handle it appropriately. The fact that she had serious burns from the incident is not McDonalds' problem, since the accident was her own damn fault.

    46. Re:You know... by PIBM · · Score: 1

      I don't think I'd be complaining much... ;)

    47. Re:You know... by WoBIX · · Score: 1

      Actually people like me don't sue for our own actions.

      I had elective surgery a few years ago. There were complications that may have been caused by a mistake the doctor made during the process. I was conscious and aware at the time. Since then I've had recurring pain, and had to go through corrective surgery and may have to again. But I didn't sue. It was my choice to go through with the original surgery.

      I tore tissue in my right leg when I slipped on ice carrying a 50 cal out of the armories while in the military. No lawsuit there.

      And injured my back stopping a shelving unit from crushing a co-workers head in a retail store. Still no lawsuit.

      People should take responsibility for their own actions. If I look down the barrel of a gun while cleaning it and shoot myself in the head because it was still loaded, should my family sue Smith & Wesson?

      I didn't follow the parent link to the McDonald's case because there have been several overviews of the case in question posted here before. It doesn't matter if she was the passenger or the driver or riding a friggin pogo stick. They wanted coffee in the car, and they got it.

    48. Re:You know... by Anonymous Coward · · Score: 0

      and you think you've escaped being a sheep/lemming?

      give me a fucking break.

      i know this: ppl who listen to conservative talk radio and watch fox, with no other sources of information are pretty much simpletons and retards.

      the people who are ready to tag someone with that label are worse.

      but since you are incapable of expressing yourself face to face with the people you seek out to label , i guess slashdot is all you have to hide behind.

    49. Re:You know... by Jboy_24 · · Score: 5, Informative

      First this article
      from a coffee maker states the recomended serving temperature is 75 degrees C (167 fahrenheit). The correct Brewing temperature is 185-195. But rather then nit-pick about temperature. Here's why McDonalds lost: ( Mcfacts snipped from a site, others collected elsewhere)

      1: The injured women initially wanted $800 from McDonalds to pay for extra medical bills, to which McDonald's dismissed.

      2. Evidence showed that McDonalds served their coffee so hot to save money. This let them get away with a cheaper grade of coffee and cut down on the number of free refills they had to give away. McDonalds executives testified that they thought it would be cheaper to pay claims and worker's compensation benefits to people burned by their coffee versus making any of these changes. (source http://www.osmond-riba.org/lis/essay_mcdonalds.htm )
      McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

      McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

      McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

      McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

      McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

      McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

      McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

      McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

      It all comes down to, if you are in the business of dealing with materials you know are hazerdous (as was proven in the case, McDonalds knew the coffee was hazerdous), you are responsible for selling such materials in a safe maner because the consumer expects you to do so. If you were "Battery Acid King" and sold sulphuric acid in open topped beverage glasses, people might assume you don't think its dangerous.

    50. Re:You know... by Anonymous Coward · · Score: 0

      I call retard.

    51. Re:You know... by Novous · · Score: 1

      My only real complaint about that article is this:

      >Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants.

      Since when is it illegal to have coffee hotter than the other resturants? Apparently the fact that some people might prefer a drink that has more heat in it must have been on vacation or something.

    52. Re:You know... by gozar · · Score: 1
      There is no place in the United States where it is legal to publish, in a public forum of any kind, any photo, nude or otherwise, of anyone, without their permission (with the exception of stuff that's "newsworthy"). It's called a "model release," and if you don't have one, you take your financial future in your hands if you publish a photo.

      If you are in public, and I take your picture, I can do whatever I want with it. How do you think all those paparazzi's make their money?

      --
      What, me worry?
    53. Re:You know... by linuxtelephony · · Score: 1

      Considering the article says she tried to get them to take it down for 3 months and Yahoo appears to have done absolutely nothing about it, then I think they should pay!

      Assuming, of course, that she took serious steps to provide Yahoo with information proving her identity and not just a simple email message to some address at Yahoo.

      IF Yahoo was appropriately notified AND they did nothing, then they deserve to get sued and they should lose, and pay.

      IMO, the amount is only partially related to her "emotional distress." It should also be an amount that will be noticeable to Yahoo. They are the ones that appear to have failed here.

      --
      . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
    54. Re:You know... by Anonymous Coward · · Score: 0

      Wow... That was insightful. Now I know why Mc Donald's was liable for the hot coffee. ....

      Because it was hot.

      Damn, thank you for that insightful correction to the misconceptions I've been carrying around all this time.

      I'll make sure I don't spill coffee in my lap at Mc Donalds. Wouldn't want that whirlpool treatment afterall.

    55. Re:You know... by Jboy_24 · · Score: 1

      Correction: The woman in the suit wanted $20,000, McDonald's offered $800. The newspaper I used for this quote was wrong, further investigation in other site found this. ... Back to work

    56. Re:You know... by mkro · · Score: 1

      Look, you can argue all you want, but WATER BOILS at 100 degrees C (212 F), and that is what you should expect when you receive a cup of coffee! If too hot, put it down for a minute, but don't be a retard and expect McDonalds will blow on it like your mom blew on your porridge when it was too hot.

      --
      I shall go and tell the indestructible man that someone plans to murder him.
    57. Re:You know... by benjaminchoate · · Score: 1

      I think that the amount is fair considering the size and power of Yahoo. Personally I would be outraged if I made such a request and they ignored it for 3 months. Especially since it might have endangered her employment and personal relationships (having strange people walk up to you at work and at as if you agreed to have sex with them probably isn't high on the list of work-safe activities ... depending on where you work :)).

      In any case 3 million isn't that much for yahoo to cough up, and I think part of idea is to make it sting a bit so that something like this doesn't happen in the future.

    58. Re:You know... by Anonymous Coward · · Score: 0
      If you are in public, and I take your picture, I can do whatever I want with it.

      You are wrong. Look up Right of Publicity and Right of Privacy as it relates to photography.

      How do you think all those paparazzi's make their money?

      Being a public or newsworthy figure changes the rules.

    59. Re:You know... by Marii · · Score: 1

      True. But posting the photos along with her contact information? Pretending to me her and sending men to her workplace? That's the real problem, and that's a LOT worse than just posting some phoeos. In fact it would be just as bad without the photos at all. Yahoo should have removed the profile immediately not just because of the pictures, but because of the risk to her safety.

    60. Re:You know... by Anonymous Coward · · Score: 0

      I think the main issue with this lawsuit is that it was her choice. Was it the first time she had ever bought coffee from them? not likely. Now if McDonald's had left a big pool of boiling coffee in the middle of the floor and she fell into it, that's one thing. But she, of her own free will, went and bought the coffee and damaged herself with it. If I go buy a car that goes too fast and wreck it is it the automaker's fault? No, it was my choice to buy the car just like it was her choice to buy the coffee. I agree with the personal responsibility folks.

    61. Re:You know... by Dachannien · · Score: 1

      McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

      What kind of scienceless bullshit is this?

      Oh, wait - it's the kind that ambulance-chasing money-grubbing personal injury lawyers use.

      Temperature of the material coming into contact with the skin is not the real determinant of the level of burns that occur, but rather the amount of heat transferred from a material to your skin. You spill a cup of 180degF coffee on your lap. The instant it touches anything (including the air, by the way), it begins to cool as the heat transfers from it to whatever it touches. Is it going to be hot? Yes. Is it going to hurt? Yes. But a cup of coffee to the crotch isn't going to put somebody in the hospital like this ridiculous "McFact" claims, because there just isn't enough heat transferred from coffee to skin.

    62. Re:You know... by taustin · · Score: 1

      Paparazzi photographing celebrities fall under the newsworthy exception. Try it with the average guy on the street and see what happens. (Hint: Put some money away for legal fees. Lots of money.)

    63. Re:You know... by Anonymous Coward · · Score: 0

      Phooy...anyone who is stupid enough to place a flimsy cup of hot coffee and hold it between their leges, then take off the lid is asking for trouble. IMO, McDonalds is not responsible, the jury felt sorry for the woman - thats all, justice had absolutely nothing to do with it.

      Anyhow, I bet after lawyer fees she only got the 800 bucks to pay the bills.

    64. Re:You know... by shokk · · Score: 1

      I don't drink coffee.

      --
      "Beware of he who would deny you access to information, for in his heart, he dreams himself your master."
    65. Re:You know... by sanosuke76 · · Score: 1

      Actually, unless she specifically signed away her rights to them (as is common in model releases), both parties (photographer and model) would have copyright on the images.

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    66. Re:You know... by aywwts4 · · Score: 1

      You know, everything after, say, the first one million in an OBSCENE payout like that should be going to some central account to be redistributed back to the citizens at large.

      Say some central account like the IRS? Cause if you hit the 3 million dollar tax bracket I dont think we have to be concerned about the public getting their cut.

      --
      Web Developers: Celebrate to our roots! Animated Gifs and Tiled Backgrounds, dont let our history die!
    67. Re:You know... by Anonymous Coward · · Score: 0

      clearly you did not read one single word of the parent post.

    68. Re:You know... by Jboy_24 · · Score: 3, Insightful

      McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

      I wasn't aware that there was a federal regulation that required coffee to be served below a specific temperature. Oh... there's not? If it's so damned dangerous, why not?!?!


      The whole point of the civil courts is to allow regress of issues wihtout the need for endless federal regulation. Perhaps you'd like a federal regulation listing the maximum tempurature of all hot fuilds (itemized by distinct type of course, since coffee and Capachino would be different)? Maybe we should forbid starbucks from creating new drinks until the regulators have time to add it to the list? Or perhaps we should rely on the courts to punish stupid companies when their greed makes them create dangerous products?

      McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

      Again, it's a matter of liability. If they compensate, it opens the doors for further requests for compensation (yes, I understand that they'd settled other cases... still...)


      SO your point is ... they shouldn't settle with her, even though they often settle because settling with her would mean they would have to settle often?!?

      Of course this makes perfect sense when you consider settlements are most often public and Court cases are most likely handled under NDA's... oops maybe i got that backwards...

      McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

      The risk of 7-11 selling hot dogs is that someone could choke on it and sue them. Should they stop selling dogs? No, that would be unreasonable.


      Lets consider if 7-11 imbedded into their hotdogs large unchewable pieces of plastic that they expected customers to remove before eating so they could save on meat. That they provide no warning that you should remove the plastic or esle you could choke and die. Finally at 7-11 they served them in the bun, covered in condoments ready to eat.

      Yet they state to the court that they expected and belived that everyone who bought one returned to their homes, dug out the plastic then ate them. Then you would have an analogy.

      Hell, they sell 1 BILLION cups of hot ass coffee a year... obviously someone likes it that way.


      Is the reason they buy coffee at McDonalds is that its 'hot ass', or is it because they like some other food product that McDonald's serves in the morning? As well, is the reason McDonalds serves its coffee 'hot ass' is because people like it that way or is it because they can use an extra cheap variety of grinds because no one will figure out it tastes like ass when its 'hot ass'? (What was admitted to by McDonalds in court)

      But then, maybe I'm missing all the people who line up at McDonalds just for the coffee (while I'm in the rather long line at Pete's) or maybe you should work on your reasoning skills.

    69. Re:You know... by Pollardito · · Score: 1

      "But then, maybe I'm missing all the people who line up at McDonalds just for the coffee (while I'm in the rather long line at Pete's) or maybe you should work on your reasoning skills."

      as someone who hates coffee, i'm always surprised at it too, but it happens. most of the "good coffee" places around me cost 3x as much and people have to get out of their car. when i've gotten breakfast there, i frequently am behind a customer that is just getting coffee

    70. Re:You know... by IBeatUpNerds · · Score: 1

      If you were "Battery Acid King" and sold sulphuric acid in open topped beverage glasses, people might assume you don't think its dangerous.

      An important point to make is that most products present a level of danger. In a lot of cases, simple products could be pretty dangerous.

      What happens if I reach for something under my desk, but stab my eye with the straw on my cup of soda? Should the soda say the straw is dangerous, don't stab yourself with it? Hell no, that's obvious.

      So why would someone need to say hot coffee is dangerous? Is this not exceedingly obvious? Is there some extra measure of percaution one would take to not spill coffee if they are told it's very hot? Nope, probably not. I try damn hard not to spill my coffee, but occasionally accidents happen. Know what will happen if I spill it on my balls? It will burn my balls off.

      To go back to your example of "Battery Acid King", I think if some bonehead would buy battery acid and consume it because the container led them to believe it wasn't dangerous, then let them die. A little chlorine in the gene-pool.

    71. Re:You know... by Jboy_24 · · Score: 1

      To go back to your example of "Battery Acid King", I think if some bonehead would buy battery acid and consume it because the container led them to believe it wasn't dangerous, then let them die. A little chlorine in the gene-pool.

      Lets not talk about consuming it, lets talk if they spilt some on themselves or they walk out and its raining. The fact is, the public is going to assume your containers meet a certain set of requirements that makes them "safe" containers given its contents. They will infer that you as an expert on the product you are selling will inform them as to the dangers and safe keeping of your product.

      But to digress from Battery acid, and talk about generalities, certainly every object has a degree to danger.

      It becomes the liabilty for the manufacturer when...

      a) The product, without any modification, can inflict great bodily harm with simple mishandling

      b) The public generally doesn't perceive there there is this substantial danger

      c) The manufacturer knows there is this substanital danger.

      I would argue that all 3 are required for a company to be liable. Although c would probably be removed by the trail lawyers out there. The reason you see stupid warning signs is by negating b) you remove the liability. Therefore as to McDonalds coffee

      a) The coffee at the specified temperature range causes 3rd degree burns in 2 to 7 seconds when exposed to flesh.

      b) While people drink coffee at home, or in offices, it typically is colder then McDonalds specified tempurature. They also are sold this product in their cars, where there doesn't exist a reasonably safe way to add the commonly added sugar/cream besides putting it in your lap.

      And even in C) McDonalds knows that their product, as sold and consumed, has caused great burns to their customers.

      Therefore they are liable for the injuries.

    72. Re:You know... by gozar · · Score: 1
      Paparazzi photographing celebrities fall under the newsworthy exception. Try it with the average guy on the street and see what happens. (Hint: Put some money away for legal fees. Lots of money.)

      According to Bert Krage, he summarizes what you can and cannot photograph. People in public have very little privacy rights, unless they move to a secluded area such as a bathroom. Another website talks it being ok as long as it isn't being used for commercial purposes. I even found a site where they explicitly say you can take pictures on the New York City subway.

      For example, say I was taking pictures at Disneyworld. I do not have to get permission of every single person that might be in the picture, as long as I'm not doing it for commercial gain. It would be nearly impossible to take pictures if you had to get permission from everyone that might be in the picture.

      --
      What, me worry?
    73. Re:You know... by Anonymous Coward · · Score: 0

      Actual overheard conversation.....

      Didja hear about that old lady who spilled the McDonald's coffee and burned her lips?

      I thought she spilled it on her lap.

      She did.

    74. Re:You know... by Saeed+al-Sahaf · · Score: 1
      I didn't follow the parent link to the McDonald's case...

      Obviously not. Had you taken the time, you might have learned something.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    75. Re:You know... by WoBIX · · Score: 1

      Look dumbass, if you read my comment I said why I didn't. I followed the link after and it provided absolutely nothing new.

      In fact it left things out. Like the reason why the coffee is 20 degrees hotter. It's because the flavor percolation supposedly works better. They put a lot of research into temps and cook times there.

      Yet people still scream over "the coffee is hot! oh my god!".

      If you juggle knives and get stabbed do you sue the knife company?

    76. Re:You know... by Eivind · · Score: 1
      Yes, but there's a difference between a picture of a person and a picture where a person can be seen. Legally that makes a lot of difference.

      You *do* need the permission of the person depicted if you take a portrait of a person and want to use that picture say in a magazine.

      You do *not* need the permission of the person depicted if you take a picture of the Eiffel Tower to use in a magazine, and some random person is in the picture.

      Yeah, the dividing line is somewhat fuzzy, but that's nothing new in law.

  9. Link by XFilesFMDS1013 · · Score: 1

    (Note: The member profiles have since been taken down by Yahoo)

    That won't stop anybody here of course...

    1. Re:Link by Banner · · Score: 1

      I don't know, sure seems to have. No one has posted the pics yet.

  10. more importantly by Tedium+Unleased · · Score: 0, Troll

    where's the mirror?

  11. Who's got the Mirror/Cache of the pics? by TibbonZero · · Score: 1, Interesting

    Share it if you got it!

    --
    Tibbon
    tibbon.com
    1. Re:Who's got the Mirror/Cache of the pics? by JudgeFurious · · Score: 4, Insightful

      Everyone suggesting that anyone who got to these pictures share them is getting modded "Troll" but seriously now, how many people in here went straight for those pages and wanted to see them? People are (generally) hypocritical about things like this. They wouldn't want it to happen to them but they want to see it when it's someone else.

      Asking for the pictures isn't being a Troll. It's being pretty much human. We're a species of voyuers for the most part.

      And yes, I replied to this particular article just to make sure I could find the URL that the AC responding to it posted when I get home.

      But at least I'm honest about it.

      --
      Appended to the end of comments you post. 120 chars.
    2. Re:Who's got the Mirror/Cache of the pics? by Kymermosst · · Score: 3, Insightful

      People are (generally) hypocritical about things like this. They wouldn't want it to happen to them but they want to see it when it's someone else.

      Yeah, the Germans have a word for it, too: schadenfreude.

      Literal translation: Damage joy.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    3. Re:Who's got the Mirror/Cache of the pics? by Anonymous Coward · · Score: 0

      Kind of like her...damaged looking. Ew.
      Where is the joy? I was expecting joy.

    4. Re:Who's got the Mirror/Cache of the pics? by Paraplex · · Score: 1

      "We're a species of voyeurs for the most part."

      we're not a species of voyuers, just like we're not a species of racists/murderers.
      Extreme brainwashing poisons the mind to create this effect...

      I mean something truly extreme like
      * The rise of a national Nazi party

      * having a picture box inside everyones home that broadcasts the activities & opinions of a select few (of questionable interest/morality/intelligence) twenty four hours a day, seven days a week, three hundred and sixty five days a year.

      If you assume we're a species of voyeurs I recommend you get away more often.

    5. Re:Who's got the Mirror/Cache of the pics? by Destoo · · Score: 1

      No. Seriously. This is how we survive.
      Look at other people and see how they solve a problem, and if they survive by solving the problem that way. If they do, then monkey see, monkey do.

      The brain somehow gets some satisfaction out of it. Reassures us.
      Why? no clue. Don't ask me, I'm a physicist.

      Anyway, when trying to dis an argument, try to come up with something logical. Comparing voyeurism to murder smells a bit trollish or short sighted.

      If you're serious, your bias is seriously flawed.
      As a general rule, animals don't like to live with other animals with different customs and habits. (racism). Maybe it's all the ads and TV watching in the wild that are making all those polar bears eat their neighbors?

      Yeah. Brainwash.

      --
      Nouvelles de jeux et technologies en français. TC
    6. Re:Who's got the Mirror/Cache of the pics? by Paraplex · · Score: 1

      ok you made a good point.
      the need for reassurance or verification is a very astute observation.

      sorry if i came off as hostile.. noone likes a nazi analogy it seems (cause they were different to us... ;)

      polar bears aren't a good analogy because they aren't as predisposed to social dynamics as us people are... Culture sweeps across the human race in days at present. No such dynamic exists in other creatures.

      There are two separate issues: the issue of 'art' imitating life, and that of life imitating 'art'.

      We watch people picking their nose on big brother and we feel validated, but we watch people throwing themselves down stairs in shopping trolleys and suddenly we feel the need to emulate. (perhaps our expectations of validification are not met) Just look at the massive subculture that 'reality' shows like jackass spawned.

      Equally so, we watch people watching people and we emulate. We've had voyeurism forced into our popular culture for the last 60 years.

      Most people like to be led (your point)
      Most people watch *alot* of television. (there is one of these unidirectional picture boxes in just about *every home*. You mightn't watch much but don't kid yourself)
      Most people inadvertantly become products of the drivel that is churned out relentlessly.
      How else does a middle class white kid convince himself he is from the ghetto.
      How else does a girl decide she has to have 'booty' in order to have any sense of worth despite 50 years of feminism.
      How else do millions of dollars get channelled every week via SMS from young men and women's pockets into the "big brother" voting lines, because they feel the need to keep "geoff the guy who likes minty toothpaste" in the house. (despite having no interest in *real* politics - seriously, its tragic)

      The brainwashing is not an overstatement. Why do millions of people think their lives are better because they eat mcdonalds and suck down cocacola into their 180kg bodies? why do they feel their lives are enriched by cynical corporate ploys like the endless conveyor belt of vacuous pop idols? They are deluded, lied to and brainwashed.

      I personally don't get any gratification seeing what other people are doing (and largely just don't care) Its a fashion (like liking feet).
      'Voyeurism' is only as fundamental to humanity as 'jazz' or 'equality' or 'mowing the lawn' or any other ubiquitous cultural phenomenon.

  12. Damn! by Heliologue · · Score: 1
    (Note: The member profiles have since been taken down by Yahoo).
    Damn!
  13. Before we all flood archive.org.. by irc.goatse.cx+troll · · Score: 5, Informative

    I tried it, They don't have either profile. No google cache either. :(

    --
    Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    1. Re:Before we all flood archive.org.. by Anonymous Coward · · Score: 0

      Try emailing her ex-boyfriend!

  14. mirror? by b00tleg · · Score: 0

    anyone have a mirrordot nsfw link yet for her old profile :)

  15. You Mean.. by Gorffy · · Score: 1

    People abuse Yahoo!'s free services?? What a sad, sad day for mankind

    1. Re:You Mean.. by zdr1977 · · Score: 1

      I know...this revelation hit me like a hammer. I thought all those random women messaging on yahoo messenger, sending me links to their cam site were actually INTERESTED in me...now, I realize it could be all a fraud. Sad day, indeed.

  16. View the photos here :0] by inkdesign · · Score: 1, Informative
    1. Re:View the photos here :0] by jued0001 · · Score: 1

      Zee goggles zey do nuzzing!

      --

      _______

      I just wish I could c:\format Internet

    2. Re:View the photos here :0] by Leroy_Brown242 · · Score: 1

      Looks down to me already.

      I'll host the pics if someone will get them to me. :)

    3. Re:View the photos here :0] by Tenebrious1 · · Score: 1

      Well, that got /. pretty quickly.

      BTW, there's another set of pictures, copy and paste the *other* profile name into the link.

      Ok, I wouldn't bother, they're not very good pics, they're pictures of a picture on a monitor.

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    4. Re:View the photos here :0] by NastyNate · · Score: 1

      What a pleasant surprise to see the link was not to Tubgirl or something similiar.

    5. Re:View the photos here :0] by Anonymous Coward · · Score: 0

      Got to them just before they went down. Thes aren't just nude photos. They are hardcore. She's one kinky girl.

    6. Re:View the photos here :0] by A_Non_Moose · · Score: 4, Funny
      http://pg.photos.yahoo.com/ph/ccb4play/my_photos

      You're welcome :0]


      Nothing comes up.

      WAIT! Let me rephrase that!

      (accidently clicks submit)

      damn.
      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
    7. Re:View the photos here :0] by Anonymous Coward · · Score: 0

      How bout sharing the wealth?

    8. Re:View the photos here :0] by Anonymous+Writer · · Score: 1

      Which goes to show you what all women can learn from Tubgirl - if you're going to have naked photos taken, wear a mask!

    9. Re:View the photos here :0] by Anonymous Coward · · Score: 0

      *cough* upload*cough* to *cough* LimeWire*cough* *cough*

    10. Re:View the photos here :0] by Anonymous Coward · · Score: 0

      Which goes to show you what all women can learn from Tubgirl - if you're going to have naked photos taken, wear a mask!

      Hmm... for some reason, I never noticed her mask before.

  17. Some more information by macaulay805 · · Score: 0, Redundant

    Some more information about this incident here.

  18. Does anyone else have this problem? by Anonymous Coward · · Score: 0

    It's not only with yahoo but in my regional area the majority of social profiles are fakes. Myspace, msn, all of 'em. It seems some twisted individuals have gone to the effort to make up thousands upon thousands of different profiles. Can anyone explain indepth as to why people are doing this?

  19. Why sue Yahoo and not the ex-boyfriend? by Anonymous Coward · · Score: 1, Insightful

    That's something I'll never understand. If her ex-boyfriend is responsible for that, then he's the one who should be sued.

    Only in really extreme cases it's justified to sue a service provider instead (i.e. if they didn't react for months I could see the point).

    1. Re:Why sue Yahoo and not the ex-boyfriend? by Anonymous Coward · · Score: 0

      Actually, if you're going to sue someone, you sue the people with the biggest pockets.
      For example, and this was a real case, a child was walking to school on her first day of school, there was no school crossings gaurds set yet. A car hit her, she was paralyzed from the neck down I believe, the parents sued, and won, the city for failing to provide to crossing guards, not the driver of the vehicle for hitting her, even though he was speeding in a school zone.

    2. Re:Why sue Yahoo and not the ex-boyfriend? by sharkb8 · · Score: 1

      He probably doesn't have 3 million dollars. She went after Yahoo, because, as my first year Torts professor said - Theeeeeere's the deep pockets

    3. Re:Why sue Yahoo and not the ex-boyfriend? by Anonymous Coward · · Score: 0
      That's something I'll never understand. If her ex-boyfriend is responsible for that, then he's the one who should be sued.
      That makes sense only if you assume this about right and wrong. Yahoo! has the money, her boyfriend doesn't. You may have noticed an earlier poster here pointing out that if she had the moral standing worth defending, those pictures wouldn't exist in the first place.
    4. Re:Why sue Yahoo and not the ex-boyfriend? by CrawlingEvil · · Score: 5, Informative

      From the article:

      Barnes sent Yahoo a letter in January saying she did not create the profiles and wanted them removed. Additional attempts to get Yahoo to remove them in February and March did not get a response, the lawsuit claims.

      So, basically, she's suing because Yahoo left the images up for three months after being contacted and asked to take them down. Considering her personal information went along the photos, not acting on the information in a timely fashion is pretty serious, because it helped prolong her harassment.

      As for the boyfriend, he should probably be brought up on criminal charges.

    5. Re:Why sue Yahoo and not the ex-boyfriend? by m50d · · Score: 1

      Then RTFA, because they *did* not react for months.

      --
      I am trolling
    6. Re:Why sue Yahoo and not the ex-boyfriend? by narsiman · · Score: 1

      That would make sense if he can cough up $3 million. She is simply following the money trail. I wouldnt be surprised if this is all a setup. Remeber the finger in chilli story.

    7. Re:Why sue Yahoo and not the ex-boyfriend? by Emeye · · Score: 1

      Because the ex-boyfriend doesn't have $3,000,000. Simple as that.

    8. Re:Why sue Yahoo and not the ex-boyfriend? by 99BottlesOfBeerInMyF · · Score: 1

      That would make sense if he can cough up $3 million. She is simply following the money trail. I wouldnt be surprised if this is all a setup. Remeber the finger in chilli story.

      You know what, it makes no difference at all if it is. You see with the Wendy's chili lawsuit they were suing because Wendy's left a severed finger in the chili, which they almost certainly did not. In this case, she is suing not because the images were put up along with her personal info, but because Yahoo did not remove them in a timely manner when asked, as the law requires that they do. So do you really suspect she had an inside man at Yahoo who intentionally left the images up? It is possible, but highly unlikely.

      Her boyfriend will probably face criminal charges, but that in no way mitigates Yahoo's failure to comply with her request about her personal information.

    9. Re:Why sue Yahoo and not the ex-boyfriend? by naoursla · · Score: 3, Funny

      She should have invoked the DMCA to have them removed.

    10. Re:Why sue Yahoo and not the ex-boyfriend? by ivaldes3 · · Score: 1

      Yes, the ex-boyfriend seems to have broken the law (IANAL). However, it also seems as though they are suing Yahoo because of its deep pockets. Per the article, the ex-boyfriend was actively responsible for the shenanigans of creating the profile, luring men to the profile and posing as the plaintiff.

      -- IV

      --
      http://www.LinuxMedNews.com Revolutionizing Medical Education and Practice.
    11. Re:Why sue Yahoo and not the ex-boyfriend? by chadjg · · Score: 2, Interesting

      Yes, it is serious and possibly criminally creepy behavior by the ex. If I had to guess why Yahoo left the pictures up I'd say that it is a result of bureaucratic inertia and laziness.

      But I do think that Yahoo should leave them up until it is proven that the boyfriend didn'thave the right to post the material. Being an asshole is not necessarily a crime. If Yahoo takes stuff down on demand, without any kind of proof at all, people will abuse the process for fun and profit.

      Perhaps proof was offered, I don't know, but assertion doesn't equal proof. Yahoo is screwed either way.

      --
      Why do I have this? I don't smoke.
    12. Re:Why sue Yahoo and not the ex-boyfriend? by SupremeChalupa · · Score: 1

      There is no proof the boyfriend posted the pics as of yet. There is proof Yahoo hosted the pics and information and neglected to remove them. Perhaps through this court case proof of the poster (BF) will be drudged up and he can be targetted. But wihtout cooperation from Yahoo, forced by a civil trial in this case, that proof would never surface.

    13. Re:Why sue Yahoo and not the ex-boyfriend? by topper24hours · · Score: 1

      Hmmm... Wild guess here but w/ the ex sending strangers to her work to fuck her I doubt the guy would have likely just taken the photos down when asked politely. So, she asked a party (Yahoo) that had control and should have more reasonable - even multiple times if I read correctly and they didn't. I say sue 'em! Sorry guys... and not trolling, I just don't see why Yahoo didn't act. Google often sends me personal replies within 24 hours when I make suggestions, comments, or complaints about their services.

    14. Re:Why sue Yahoo and not the ex-boyfriend? by geekee · · Score: 1

      "So, basically, she's suing because Yahoo left the images up for three months after being contacted and asked to take them down. Considering her personal information went along the photos, not acting on the information in a timely fashion is pretty serious, because it helped prolong her harassment.

      As for the boyfriend, he should probably be brought up on criminal charges."

      But what did Yahoo do that was illegal? Her exboyfriend posted the info. It was his account, even if he used her name. Can Yahoo simply delete accounts because they contain personal info of yours? What's the legal precedent?

      --
      Vote for Pedro
    15. Re:Why sue Yahoo and not the ex-boyfriend? by serialdogma · · Score: 1

      Well the copyright probably still belongs to the artist in this case mostlikly her boyfriend, so that would not work.

    16. Re:Why sue Yahoo and not the ex-boyfriend? by Anonymous Coward · · Score: 1, Insightful

      MP3 listener puts 600 megs of his favorite MP3s on one of yahoos services. RIAA finds out and tells yahoo to take down the MP3s. Yahoo doesnt listen and 3 months pass. Now RIAA is pissed and brings yahoo to court.

      The big difference is that the woman mentioned in the article is receiving much more harm then the RIAA would in the case I described above.

    17. Re:Why sue Yahoo and not the ex-boyfriend? by CrawlingEvil · · Score: 1

      * Note, I'm not a lawyer, so exact legalese may be different

      "But what did Yahoo do that was illegal? Her exboyfriend posted the info. It was his account, even if he used her name. Can Yahoo simply delete accounts because they contain personal info of yours? What's the legal precedent?"

      Yahoo may, in this case, be considered a common carrier. Therefore, they're not directly responsible for something illegal that occurs on their networks.

      However, once informed that something illegal is occurring, I believe they have a responsibility to remove or temporarily suspend the illegal information. But, we're talking about a pretty legal fine-line here. After all, commercial news servers will advertise that they can be used anonymously. It's reasonably well known that illegal material is posted to Usenet, and yet, that flow of information hasn't been stopped due to complaints. Then again, has that flow ever been challenged in court?

      On the other hand, unlike Usenet, Yahoo is providing the community whereas Usenet is a flow of information without a central source. Yahoo also defines the rules for using their community in their terms of use. I'd be surprised if the boyfriend didn't violate Yahoo's terms of use. Therefore, this isn't necessarily a case of common carrier, because Yahoo does define rules governing the use of their servers, and once Yahoo was informed of the infraction, they may hold some responsibility for it.

      Yes, you can argue that the images were legally posted. After all, if she took them with her boyfriend, or just gave them to her boyfriend, then he can pretty much do with them as he pleases. He doesn't, however, have a right to pretend to be her. On top of that, he's deluding other men into thinking they can just show up at her house or office and expect sex. That's potentially asking for a sexual assault to occur, a crime to which to boyfriend would be considered an accessory to.

      All this being said, she should have immediately gone to the police. The police and courts could have put a restraining order on the boyfriend, seized the photos, and forced Yahoo to take down the bogus account as part of a criminal investigation.

      Finally, this will be an interesting case. It will, without doubt, potentially shape the definition of common carrier and ISP responsibility. Personally, I do think Yahoo holds some responsibility here. Maybe not 3,000,000 worth of responsibility, but some. I don't think they're be found responsible for the act occurring, but rather for allowing it to continue to occur.

      As a side note, I once received a threatening e-mail from someone who erroneously thought my company had sent him a spam e-mail message. When I got the e-mail, I just went to Yahoo, brought up the abuse page and reported the violation. Within 24 hours, Yahoo dealt with the situation. That makes me wonder how she went about informing Yahoo of the abuse, since they seemed quite responsive to and on top of dealing with abuse complaints.

    18. Re:Why sue Yahoo and not the ex-boyfriend? by BaudKarma · · Score: 1

      There are problems with proof all around. How do we know the ex-boyfriend is the one who posted the pictures? Is there some sort of technical evidence, did he admit to it, or do we just have her allegations to go on?

      I don't have too much difficulty envisioning a scenario where she puts the pictures up herself so that she can sue the ex or have him arrested. And if Yahoo doesn't take the pictures down.. well heck, they have *lots* of money.

      I'm not saying this is what happened, or even likely, but people have done stranger things.

      --
      It's the land of the brave, and the home of the free
      Where the less you know, the better off you'll be.
    19. Re:Why sue Yahoo and not the ex-boyfriend? by chadjg · · Score: 1

      Exactly. That is what I should have said. The simple, pessimistic and therefore most likely to be true scenario is that he did exactly what she said he did. But the proof is a big problem. I don'thave a solution.

      --
      Why do I have this? I don't smoke.
    20. Re:Why sue Yahoo and not the ex-boyfriend? by naoursla · · Score: 1

      But Yahoo would have been required to take it down anyway until the boyfriend could prove he owned the copyright.

      And had that case gone to court, I bet the boyfriend would have lost.

    21. Re:Why sue Yahoo and not the ex-boyfriend? by soft_guy · · Score: 1

      Not without a model release signed by her.

      --
      Avoid Missing Ball for High Score
  20. How is this 'News for Nerds'? by nubbie · · Score: 1

    How is this 'News for Nerds'? Oh wait, maybe the promise of nude pics is the reason! Click away!

    --
    'Go for the eyes, Boo, go for the eyes, aaarrrrrrrr!' -- Minsc
  21. Forget fingers in food... by null+etc. · · Score: 4, Insightful

    This might become the newest husband-wife scam to extort money out of large companies.

    1. Re:Forget fingers in food... by Xzzy · · Score: 2, Insightful

      Only until the ISP sets up a mail account you can send complaints to, and they yank the page down without research in about 30 seconds.

      At which point it becomes a weapon to silence people who disagree with you. ;)

    2. Re:Forget fingers in food... by Anonymous Coward · · Score: 1, Informative

      Except for the fact that one spouse would have to have a permanent criminal record. That's not worth $3 million to me, but I guess people have done worse for less...

  22. Sued the ex? by Anonymous Coward · · Score: 0

    Shouldn't she take her anger out on the ex? Sure, Yahoo! should have been (more) responsive to the fact that someone posted nude photos on their profiles but who posted them? Yahoo? I think not!

    Besides, how was Yahoo supposed to know that was her in those photos? Did she send them something to compare them to? ;)

  23. She should sue the ex-boyfriend by Anonymous Coward · · Score: 0

    But I suspect Yahoo has deeper pockets.

    1. Re:She should sue the ex-boyfriend by Skapare · · Score: 1

      The boyfriend should also face criminal charges of fraud. But Yahoo did commit a tort by failing ... for way too long ... to take the images and access down once notified of the issue.

      Wanna bet they'd respond a whole lot faster had it been a copyright issue brought up by the MPAA or RIAA?

      --
      now we need to go OSS in diesel cars
  24. Yeah, usenet is much more effective by Colin+Smith · · Score: 4, Funny

    If he'd posted them there, they would still be circulating. See, a distributed, redundant architecture protects you from a single point of failure.

    --
    Deleted
    1. Re:Yeah, usenet is much more effective by the+grace+of+R'hllor · · Score: 0, Redundant

      Slashdot is nothing if not redundant. In this case, though, the story is not (yet) a dupe.

    2. Re:Yeah, usenet is much more effective by Anonymous Coward · · Score: 0

      Give me a break. Even on a high capacity server like Giganews, I can barely finish downloading pr0n that was posted this morning, before it gets expired out this afternoon. I *know for a fact* that there's a whole second series of a girl I'm interested in, because I saw it but couldn't download it fast enough. But will I ever find it again? Unlikely. So don't talk to me about Usenet as a permanent archive.

    3. Re:Yeah, usenet is much more effective by LilGuy · · Score: 1

      Well sir, it appears you've done something wrong. I have newshosting.com and I can download binaries/articles that are over 17 days old. By the way this isn't the first usenet access I've paid for, but I've still never had that problem.

      --

      You're nothing; like me.
    4. Re:Yeah, usenet is much more effective by stupidfoo · · Score: 1

      I was just going to say the same thing. I'd be very suprised if giganews had that bad of retention. Now... back to downloading... Linux ISOs?

  25. link? by Anonymous Coward · · Score: 0

    Where is it? We wanna see.

  26. Oh Please! by Anonymous Coward · · Score: 0

    This thread is useless without pics.

  27. MOD UP by Anonymous Coward · · Score: 0

    order prints rofl thats classic

    im at work so i cant really view pr0n pics but is she hot?

    1. Re:MOD UP by nubbie · · Score: 1

      Nope... move along.

      --
      'Go for the eyes, Boo, go for the eyes, aaarrrrrrrr!' -- Minsc
  28. Apologies. by captnitro · · Score: 2, Funny

    "This thread is useless without pics."

    1. Re:Apologies. by nubbie · · Score: 1
      --
      'Go for the eyes, Boo, go for the eyes, aaarrrrrrrr!' -- Minsc
    2. Re:Apologies. by Anonymous Coward · · Score: 0

      Okay people, stop linking the pictures. That chick is dime-whore quality. Just plain fucking sick. She deserves one three billion from Yahoo, just because to have people know you have the sickest looking snatch this side of the Atlantic is just so embarassing. That ex-boyfriend is a darn idiot too: now people know that he fucked an object that is about equal to fucking a piece of feces in gross factor.

  29. Re:omg where r the pics!?111one a/s/l by gowen · · Score: 4, Insightful

    Big fucking deal. You don't need to be of high moral virtue (whatever that might mean) to deserve sufficient privacy to keep private information off the net.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  30. Sue? by Anonymous Coward · · Score: 0

    Suing Yahoo? Isn't it the ex-boyfriend who is to blame for impresonating someone online?

  31. MOD PARENT UP by Anonymous Coward · · Score: 0

    god bless you and god bless her cotton panties and god bless the internet!

  32. Thank the lord by Anonymous Coward · · Score: 0
    "(Note: The member profiles have since been taken down by Yahoo.)"

    From the article: "Cecilia Barnes, 48, in a lawsuit filed Tuesday in Multnomah County."

    My eyes thank you, Yahoo!

  33. Re:omg where r the pics!?111one a/s/l by SubtleNuance · · Score: 1

    Yes. Because Nudity and Sexuality is teh immoral.

    Welcome to the Morally Infant USA!

  34. We've already established that by overshoot · · Score: 1
    now we're just arguing over price.

    Why do I suspect that if the hypothetical "typical woman" were offered a nude modeling job the price tag would be quite a bit less than $3 million? Aside, of course, from the fact that the going rate for nude models is so much lower.

    Well, it's enough to get Yahoo's attention even if a jury wouldn't award that much. Gives room to negotiate down to a lower number and still come away with more than legal expenses.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:We've already established that by east+coast · · Score: 1

      Aside, of course, from the fact that the going rate for nude models is so much lower.

      You'd be surpised what you can get for 20 dollars and a half gallon of Mad Dog... especially around college campuses and high schools.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    2. Re:We've already established that by overshoot · · Score: 1
      You'd be surpised what you can get for 20 dollars and a half gallon of Mad Dog... especially around college campuses and high schools.

      Don't underestimate old farts like me who grew up in the 60s.

      Besides, I have three kids in college right now and I know the stories they think are cleaned up enough for me to hear.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    3. Re:We've already established that by geekwench · · Score: 1
      The going rate for models for life drawing classes is between $10 and $15 per hour, at least in Denver. Private rates are about $20 per hour. YMMV, depending on city. Models for photography can command upwards of $200 per hour.

      Of course, everyone I know who models even part-time professionally has a boilerplate contract, signed by the photographer, detailing how the images may be used, and stipulating the penalties for violation of the contract. There have been several instances in which professional photography models found out that their photographs had popped up on porn sites; the models filed suits against both the photographer and the website in question. (Sorry that I can't provide a citation; I couldn't find the ones I was looking for on Google.)

      None of which is really germaine to this case, of course. ;)

      --
      Doing my level best to piss off the religious right wing...
  35. Re:omg where r the pics!?111one a/s/l by Goronmon · · Score: 1

    Yeah, because we all know morals are firmly based on whether you've taken a nude picture before...oh wait...

  36. Re:Photos Still Up by Anonymous Coward · · Score: 0

    You might want to ad that that link is not exactly safe for work...

  37. Re:Photos Still Up by Anonymous Coward · · Score: 0

    Cute? Ralph.

  38. Why is Yahoo! at fault? by jevvim · · Score: 1, Redundant
    I can understand the plantiff's emotional distress, but it is appropriate to put the blame there? Wouldn't suing the ex-boyfriend be a lot more appropriate here - after all, it is the ex-boyfriend who supposedly posted the photos. And if the ex-boyfriend doesn't have a model release, she would certainly have a good case against him.

    Of course, if she had just used a DMCA takedown notice - since she appears in the photographs, she has a copyright interest in them - Yahoo would probably have jumped and quickly locked out the offending accounts.

    1. Re:Why is Yahoo! at fault? by SkunkPussy · · Score: 1

      since she appears in the photographs, she has a copyright interest in them

      err no - copyright belongs to the photographer I believe. He created the photos.

      --
      SURELY NOT!!!!!
    2. Re:Why is Yahoo! at fault? by rainman_bc · · Score: 1

      She's an idiot for posing nude in front of the camera in the first place. You gotta expect this kinda stuff if you do that.

      Furthermore, Yahoo has more money than the ex-hubby, so Yahoo is of course a better target. Nothing new for lawyers to go after money instead of justice.

      She's probably some broke-ass wite trash trailer garbage that found a lawyer willing to work on contingency.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:Why is Yahoo! at fault? by RexRhino · · Score: 1

      Sure, suing the ex-boyfriend would be a lot more appropriate here.

      Of course, the ex-boyfriend doesn't have millions of dollars, and Yahoo does. Remember, in our culture, you are only responsible for things if you have lots of money.

      For example, if you where to climb a barbed wire fence with a sign that says "Keep Out", and then ran up and touched the big electric capaciter that says "DANGER: 50,000 VOLTS! WILL CAUSE DEATH!", you are not responsible for said action, because you are not rich. But if you record a rock song with curse words, and wear stupid costumes, you ARE responsible if a kid who doesn't even like your music decides to shoot up his school... provided that you have enough assets to be taken away.

      Fortunatly, the RIAA is egalitarian and interested in the common man, and trying to even things out. Thanks to the RIAA, being sued frivolously is no longer an experience just for the rich.

    4. Re:Why is Yahoo! at fault? by Anonymous Coward · · Score: 0
      Yes, it was the ex-boyfriend who posted the images, and he will likely face criminal charges (no need for simple lawsuits, what he did is a felony).

      But...... Yahoo! was asked repeatedly by the woman to remove the pictures and her personal information, and they did not do so for months. This is the act that they are responsible for, and for which they are being sued.

    5. Re:Why is Yahoo! at fault? by techwrench · · Score: 1

      If an image is taken of you, the phototgrapher is the holder of the copyright, not the subject of the image.

      --
      It's You and I against the World... When do we attack?
    6. Re:Why is Yahoo! at fault? by jevvim · · Score: 1
      copyright belongs to the photographer I believe. He created the photos.

      Subjects in photographs have rights to those images as well, unless they've signed a model release. There are some widely accepted cases where a model release isn't required - such as photographs in the newpaper, if the picture was taken in public (and the individual therefore had no reasonable expectation of privacy).

      But there are many places where model releases are required - why else do you think Cops (the TV show) blurs so many faces? It's because they either couldn't find the person to get a model release, or because the individual wouldn't sign it.

  39. I know nothing about law... by nibtib · · Score: 1

    But this makes little sense to me, shouldn't she be sueing her ex-boyfriend instead? From my point of view yahoo is only providing a public space.

  40. Yahoo does by Anonymous Coward · · Score: 0, Troll
    1. Re:Yahoo does by Anonymous Coward · · Score: 0

      Dumbass. That link is broken

    2. Re:Yahoo does by Anonymous Coward · · Score: 0

      exactly... dumbass

  41. Re:omg where r the pics!?111one a/s/l by Anonymous Coward · · Score: 1, Insightful

    What's wrong with a couple taking nude pictures of each other, or themselves, for their mutual enjoyment? I fail to see the immorality.

    It's not her fault her ex took the low road out, is it?

  42. MOD UP YOU DIMWITS IT'S HER by Anonymous Coward · · Score: 0

    I'm glad the sole skill of nerds on the internet is as modern day treasure hunters of porn.

  43. Well I guess the real question is... by kmartshopper · · Score: 2, Insightful

    ... is she hot?

  44. Usage Agreements by ndansmith · · Score: 1
    This is yet another case where online usage agreements are being bent and broken. The woman actually forced Yahoo to remove user accounts of another user. Yahoo has also faced some trouble for not releasing email accounts of dead people (particularly a US soldier I can think of) to their families.

    Who really has control of online accounts, and when can others step in?

    1. Re:Usage Agreements by 1967mustangman · · Score: 1

      I totally agree with you. Yahoo didn't have to take down the profile. A better method was for he to become creative and strike back in her own way. That is the risk you run when you get into a relationship like that. I guess the best advice you could give her (and all ladies since many guys out there are essentially scum) is hold onto the pictures. Besides what is next. I post a some cool Yankees stuff and some Dodgers Fan makes me take it down. :-P

      --
      Madre de Dios! Es El Pollo Diablo! -- Captain Blondebeard
    2. Re:Usage Agreements by Anonymous Coward · · Score: 0

      Whereas if it had been her music he was sharing there....

    3. Re:Usage Agreements by Samurai+Cat! · · Score: 1

      This is yet another case where online usage agreements are being bent and broken. The woman actually forced Yahoo to remove user accounts of another user. Yahoo has also faced some trouble for not releasing email accounts of dead people (particularly a US soldier I can think of) to their families.

      Bit of a difference here. In the dead soldier case, the family was trying to get something out of the solder's profile - they wanted access to data they couldn't get to.

      In this gal's case, she was trying to get the stuff in the profile removed - not to get copies, not to get anything out of it.

      --

      "People" using "unnecessary" quotes should be "shot".
  45. So where's the mirror site? by Nom+du+Keyboard · · Score: 1
    So where's the mirror site...

    ...for these profiles? :^)

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  46. Re:omg where r the pics!?111one a/s/l by Narchie+Troll · · Score: 1

    It's not like it's considered generally immoral for a person's significant other to have naked pictures of them anyway. It's rather common, really.

    What's nasty is releasing them after the relationship is over. That's low.

  47. Why is this a surprise? by Anonymous Coward · · Score: 0

    In America, responsibility is assigned based on who has the biggest bank account.

  48. Not suing the boyfriend creates.... by pthor1231 · · Score: 1

    ..a big issue. Who isn't to say that she created the profile, put the pictures up, had those chats, and is now "offended" when yahoo wont take down the profile at her request. She then promptly sues yahoo for a slick 3 million, which I know will be a lot less on her end, but still, it's a lot of money. The "boyfriend" gets off scott free. I hope that in the proceedings, if there are any, that she has to at least prove that this ex-boyfriend did do this.

  49. Re:omg where r the pics!?111one a/s/l by Goronmon · · Score: 1

    Sorry ahead of time for being so blunt...

    But you are a dumbass if you modded the previous comment +1 Insightful...

  50. Only thing she's after is the money! by powermung · · Score: 1, Redundant

    Why is Yahoo only at fault here? Why isn't she suing her ex-boyfriend?

    1. Re:Only thing she's after is the money! by JenovaSynthesis · · Score: 1

      Because if he was the photographer, he owns the copyright to the photos. Therefore he was well within his legal rights to post them.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    2. Re:Only thing she's after is the money! by Anonymous Coward · · Score: 0

      I bet the boyfriend doen't have 3*10^6$

    3. Re:Only thing she's after is the money! by taustin · · Score: 1

      Because if he was the photographer, he owns the copyright to the photos. Therefore he was well within his legal rights to post them.

      Only if he had a release signed by the model.

      From the article (you did read it, right?), I am guessing she isn't suing Yahoo for letting him post them, but rather for Yahoo refusing to remove them for at least three months.

      Frankly, I'm not sure $3 million is enough, given the threat to her safety, and the safety of her coworkers, that this caused. To be honest, if I were her, I'd be pushing for criminal charges for the ex and Yahoo's abuse desk.

    4. Re:Only thing she's after is the money! by JenovaSynthesis · · Score: 1

      Model releases are only needed for commercial ventures and even then they're probably just a safety net.

      Yahoo is under no obligation to remove the photos if they were uploaded legally which they were.

      She deserve $3 Million about as much has Tom DeLay deserves an ethics award.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    5. Re:Only thing she's after is the money! by taustin · · Score: 1

      Model releases are only needed for commercial ventures and even then they're probably just a safety net.

      You obviously know nothing at all about the subject. Or your ass from a hole in the ground.

    6. Re:Only thing she's after is the money! by JenovaSynthesis · · Score: 1

      Go look up copyright law in regards to consignment works.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    7. Re:Only thing she's after is the money! by taustin · · Score: 1

      Has nothing to do with copyright. Go look up the right to exploit one's own image. In most states, privacy rights, as well.

      You know nothing abouth the subject. You're embarrssing yourself.

  51. Re:omg where r the pics!?111one a/s/l by finkployd · · Score: 1

    Because we all know that morality is strictly tied to nudity.

    Jackass

  52. Um guys... by oblivionboy · · Score: 1

    ...she's 48!

    1. Re:Um guys... by gustgr · · Score: 1

      do you think this detail would stop /. folks?

    2. Re:Um guys... by Anonymous Coward · · Score: 0

      She is 48 now, the pics may have been taken 30 years ago.

    3. Re:Um guys... by fdrake76 · · Score: 1
      ...she's 48!

      She's 48 factorial?? My god, what an old hag!!

    4. Re:Um guys... by Anonymous Coward · · Score: 0

      Really ?

      Her chest doesn't look that big to me

    5. Re:Um guys... by klang · · Score: 1

      prOn treasure hunt challenge is OVER! Search engines standing down.

    6. Re:Um guys... by doublem · · Score: 1

      When I was 23 I was dating a 45 year old woman.

      Let me tell you, older women know more about what they're doing in bed.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
  53. Re-he-he-eally.... by d474 · · Score: 1

    If this lady's main goal was to get the pictures down (in hopes no one would see them), the last thing she should do is sue Yahoo for $3 million. NOW EVERYONE and their dog wants to see these expensive photos.

    Didn't she know Slashdotters would eventually learn of this exciting prOn treasure hunt challenge?

    Gentleman, start your SEARCH ENGINES!!!

    --
    Authority questions you. Return the favor.
    1. Re:Re-he-he-eally.... by Anonymous Coward · · Score: 0
      Didn't she know Slashdotters would eventually learn of this exciting prOn treasure hunt challenge?

      that would make a great sig.

  54. We'll never know by overshoot · · Score: 1
    I'm sure MSN will drop theirs as well if this case goes against Yahoo.

    The chances of this going to trial are mathematically indistinguishable from zero. The $3E6 number is just a starting point for negotiating a settlement, whose terms will (as always) be undisclosed.

    How much influence this would have on MSN and others, given that outcome, is speculative but I doubt that it materially affects their plans.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  55. YOU BLITHERING MORON OF COURSE IT'S NSFW by Anonymous Coward · · Score: 0

    The article is about nekkid pix, so you shouldn't be surprised when you see her unclothed! Dumbass.

  56. Another Excellent reason by Insipid+Trunculance · · Score: 1

    And thats why most /.'ers dont have any relationships.

    who knows when a disgruntled boyfriend will post one's nudes (and pubes) on the net.

    --
    Wanted : A Signature.
    1. Re:Another Excellent reason by gustgr · · Score: 1

      probably the boyfriend in question is a /.er.

    2. Re:Another Excellent reason by east+coast · · Score: 1

      And thats why most /.'ers dont have any relationships.

      Really? I thought it had something to do with most of us being geeks.

      Whew! I can finally sleep well at night now.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  57. think about it by Amouth · · Score: 1

    if your sig other takes pics of you they are going to keep them even after you split.. if you never wanted them getting out then well don't let the pics be taken.. i see her point about yahoo being lazy .. but what about her filing charges aginst her ex.. i mean impersonating a person and almost ident theft. there needs to be another side to this..

    --
    '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  58. Degree of Hotness by Anonymous Coward · · Score: 0


    1 million dollars per degree of hotness, so that should make her a 3 / 10.

  59. Re:omg where r the pics!?111one a/s/l by mellon · · Score: 1, Insightful

    The fact that someone allows their partner in a committed relationship to take nude pictures of them and trusts said partner not to share them is not evidence of low moral standing. It's evidence of kindness - he wanted pictures of her because they gave him pleasure, and she agreed to let him have said pictures. And, at least according to her story, he repaid her kindness by publicly humiliating her.

    It's sad that she trusted someone who was not trustworthy, but this is evidence of his lack of ethical standards, not her lack of morals.

    Of course, all we have here is her story - it could be that this whole thing is a setup to get some money out of Yahoo - but there's no reason to assume this based on what we know. If it did happen as described, I think she has a legitimate complaint both against Yahoo and against her boyfriend.

  60. Good Scam by QuantumPion · · Score: 0

    That's a good way to make a bunch of money via frivolous lawsuit.

    1. Have significant other take nude pics of you
    2. Post on a bunch of different image hosting services that have enough income to make suing them worth while
    3. Profit!

    In all seriousness, I think it is the boyfriend who needs to be sued and possibly have criminal charges brought against. How is yahoo supposed to know that the girl actually did break up with the boyfriend, and that the whole deal wasn't a scam? It's true that yahoo should have taken down the pictures in a more timely manner, but I think the main legal target should be the boyfriend.

    1. Re:Good Scam by Leroy_Brown242 · · Score: 1

      Maybe her boyfriend doesn't have 3 million laying around to steal^H^H^H^H^H sue for?

    2. Re:Good Scam by cacoe · · Score: 1

      she's sueing her yahoo, not her boyfriend

    3. Re:Good Scam by Skapare · · Score: 1

      Yahoo's "safe harbor" defense would be to take down the pictures and the whole profile immediately upon notification. They failed to do that. They failed for at least two months and two additional notifications. If it is a scam, now Yahoo is stuck with the burden of proving that, since the focus of the suit is not that the pictures were ever present, but that Yahoo simply failed to take them down in a reasonable and timely manner.

      I do agree the boyfriend needs to have criminal charges brough against him and spend some time in jail (as long as she didn't create this whole thing herself).

      --
      now we need to go OSS in diesel cars
  61. Is the woman insane? by Anonymous Coward · · Score: 0

    People present themselves at her doorstop to have sexual relationships with her, and she actually complains about this? Would I have women often knocking on my door to have sex with me, complaint would certainly not be my instinctive reaction.

    1. Re:Is the woman insane? by Anonymous Coward · · Score: 0

      Would I have women often knocking on my door to have sex with me, complaint would certainly not be my instinctive reaction.

      How about really ugly, fat, old *tubgirl* looking women knocking at your door?

    2. Re:Is the woman insane? by Anonymous Coward · · Score: 0

      How about really ugly, fat, old *tubgirl* looking women knocking at your door?
      Are you insinuating that Bob Goatse knocked at her door?
  62. This stuff will destroy anonymity by maynard · · Score: 1

    This is harrassment pure and simple. What's happening is that fucknuts have turned anonymity on the net from a place for dissidents to express political thought to a place for criminals to play willy nilly. Whether it's for fraud, spam, harrassment, whatever - it doesn't matter. Congress and law enforcement if and when things get bad enough. I'm beginning to wonder if 'net anonymity is worth it. *sigh* (very distressed at the crazies out there in 'net land) --M

    1. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      This is no different from leaving your door unlocked and getting robbed. It does not take away from the guilt of the robber, but you could have easily prevented it by locking the door.

      She could have prevented those pics from being posted by not posing for them in the first place.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    2. Re:This stuff will destroy anonymity by maynard · · Score: 1

      Depending on the state that boyfriend had a legal responsibility not to release those photographs. As for your robbery analogy, I don't think it holds. This is a privacy rights issue, not theft. It also borders on a sexual assault or violation, depending on the state. I wouldn't be surprised to see a prosecutor get involved and charges filed against that man. And IMO, he deserves it. Whether she "should" or "should not" have allowed those photos to be taken is legally irrelevant. --M

    3. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      My robbery analogy holds because the crime in and of itself is moot, it is the element of personal responsibility. Same with leaving your car doors unlocked and the keys in the ignition. Sure the guy who steals it is still a criminal but you're still an idiot for leaving the car in the condition.

      And this is not sexual assault or even near it. She was a willing participant in that photo shoot. If we followed your line of thought, a porn actress could feasibly claim the same if, after signing the documents and getting paid, the company releases the video and she is suddenly embarassed by it.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    4. Re:This stuff will destroy anonymity by maynard · · Score: 1

      No. The porn acress signed a waiver and took a fee, allowing the release of whatever nude photo had been taken as part of the contract. In this case two individuals took nude photos in private and then one of them released the photos for the explicit purpose of harrassment. It's an entirely different scenerio. --M

    5. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      By appearing in a posed position in those photos, she signaled her consent just as porn cast members do when they sign a waiver.

      But he was well within his rights to release those photos. Not even the DMCA could have helped her get them down.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    6. Re:This stuff will destroy anonymity by Anonymous Coward · · Score: 0
      "By appearing in a posed position in those photos, she signaled her consent just as porn cast members do when they sign a waiver."

      Um, no.

      If appearing in the photo alone signified consent to public exposure, then why do porn cast members bother with signing waivers? I shall answer my own question.... because posing for the photos alone does not signify consent to public exposure. That's why the waivers exist. This woman did not sign a waiver, nor did she give any such consent whatsoever in any way, shape or form, and therefore he has absolutely no legal or moral right to publish the photos.

    7. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      "WHO CAN CLAIM COPYRIGHT

      Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright."

      http://www.copyright.gov/circs/circ1.html#wccc

      Sorry babe, but he does have a legal right to publish them.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    8. Re:This stuff will destroy anonymity by Travoltus · · Score: 1

      No, your robbery analogy does not hold.

      In the 1980s kids put up their address in comic books to contact each other and share their mutual fandom. Take Comico's "Robotech" for example. Imagine if that were going on at the very dawn of the recent explosion in the harassment craze.

      Forget that, let's look at now. Even exchanging email addresses to talk to other fans leaves you open to harassment. People are getting paranoid about sharing their email because of harassers, and more prominently, spammers. Your argument would equally condemn email users.

      People used to be able to leave their doors unlocked, but today, if you don't triple deadbolt your doors, you're at the same level of personal irresponsibility as someone who left their door unlocked 10 years ago.

      The point is, the moment we start finding fault with people for being trusting of one another instead of piling all the blame on those who violate that trust, we wind up on an endless slope of escalation. We find ourselves forever looking for precautions against those who would betray us and lo and behold, our trust of one another falls completely to crap.

      I miss the days when I could put my address somewhere and get a friendly letter from a pen pal in the mail. Hell, I'm already missing the days when I could put up my own email address and get responses from pen pals instead of fragging spammers.

      There is absolutely, positively no room for compromise over the fact that this woman participated willingly in a photo shoot and that her photos were used in ways she did not permit. Our society has lost WAY too much in the last 20 years alone, at the hands of smacktards violating the trust of others.

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    9. Re:This stuff will destroy anonymity by Anonymous Coward · · Score: 0

      You are an idiot who did a half ass Google search and thinks they're an expert now. He may own the copyright on those pictures, but she owns her likeness. Photographs of persons that are not public figures or otherwise newsworthy, cannot be published without explicit consent to publication. Look up the right to privacy as it applies to photography. You enjoy half ass searching, so I'll give you a head start, you can find it on the LoC site.

    10. Re:This stuff will destroy anonymity by Anonymous Coward · · Score: 0
      You're a fucking idiot. This isn't a copyright issue.

      Read and learn.

    11. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      "The right of publicity gives an individual a legal claim against one who uses the individual's name, face, image, or voice for commercial benefit without obtaining permission."

      (http://www.photosecrets.com/p14.html)

      Main Entry: 1commercial
      Pronunciation: k&-'m&r-sh&l
      Function: adjective
      1 a (1) : occupied with or engaged in commerce or work intended for commerce (2) : of or relating to commerce (3) : characteristic of commerce (4) : suitable, adequate, or prepared for commerce b (1) : being of an average or inferior quality (2) : producing artistic work of low standards for quick market success
      2 a : viewed with regard to profit b : designed for a large market
      3 : emphasizing skills and subjects useful in business
      4 : supported by advertisers

      (http://www.webster.com/cgi-bin/dictionary?comme rc ial)

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    12. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      You'll note in regards to model release it says it is "advisable". It did not say "required".

      In case you need a refresher...
      http://www.webster.com/cgi-bin/dictionary?va=advis able
      http://www.webster.com/cgi-bin/dictionary?va=requi red

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    13. Re:This stuff will destroy anonymity by Anonymous Coward · · Score: 0
      I said Right of Privacy, not Right of Publicity. As it is clearly stated:
      "Photographs of private persons, who are not celebrities or public figures, can be published without their consent only in an editorial context. Even editorial use is perilous, however, if any individual who is depicted is held libeled, held up to ridicule, or misrepresented."

    14. Re:This stuff will destroy anonymity by sanosuke76 · · Score: 1

      Actually, it's entirely possible she doesn't give a rip about the pictures being out there. On the other hand, the folks showing up at work due to finding the profile... THAT'S an issue.

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    15. Re:This stuff will destroy anonymity by JenovaSynthesis · · Score: 1

      Perilous != illegal

      Take a visit to upskirt.com

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    16. Re:This stuff will destroy anonymity by Anonymous Coward · · Score: 0
      Umm, yes, that's what perilous means in this context, risk of violating someone's rights. What the hell else would be "perilous" about it? The "peril" of making someone annoyed? I hesitate to use the term "illegal" since it is usually a civil action unless crimes such as harassment are involved. But it is certainly prohibited and carries serious consequence. That's why using them "even in an editorial context" is "perilous", because it's very, very easy to fall from the very limited safe editorial area into the infringing area. How you can come to any other conclusion after all you've been shown is utterly baffling to me, it cannot be spelled out more clearly than "you cannot publish pictures of private individuals without their consent." Period. End of story. you are wrong.

      As for your pointing me to a voyeur site, I have no idea how that is supposed to support you. Upskirt pictures in which the subject is recognizable are entirely illegal. Sites which engage in activities that are infringing to greater or lesser degree abound on the net.

      There are few more worthy of contempt than those who fight tooth and nail to remain ignorant, so I give up.

  63. Don't be silly! by overshoot · · Score: 4, Funny
    Someone doesn't have a very high opinion of /.ers!

    /. has upstanding members, and this article no doubt is of great interest to them for its pubic-policy implications.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Don't be silly! by Anonymous Coward · · Score: 0

      "/. has upstanding members"

      Well we sure do now!

    2. RE: Don't be silly! by 3nuff · · Score: 1

      Slashdot, oh, I just read it for the articles...

      --
      "Give me taste, give me funk, give me fury, gimme some more."
    3. Re:Don't be silly! by deblau · · Score: 1
      /. has upstanding members

      After reading about naked virtual women, I'm sure it has more now than five minutes ago.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  64. Why do these pictures exist? by Raleel · · Score: 1

    I've said it before, I'll say it again. You better have perfect trust in a person if you want to allow that stuff out there and you are going to get offended. It's just like Paris Hilton's video, or any of the countless other ones out there. I just can't believe that they don't think there is a risk of that. "oh, he won't release them"... bullshit.

    If you walk into the middle of traffic, you are relying on the good graces of drivers to not hit you.

    --
    -- Who is the bigger fool? The fool or the fool who follows him? --
    1. Re:Why do these pictures exist? by twistedcubic · · Score: 1

      The difference with paris hilton is that it was the best thing for her career, and she really appreciates it.

    2. Re:Why do these pictures exist? by Dr.+Manhattan · · Score: 1

      In these days of camera phones in locker rooms, and hidden bathroom cams and the like, are you positive there aren't any unauthorized nude picures of you out there?

      --
      PHEM - party like it's 1997-2003!
    3. Re:Why do these pictures exist? by No+Such+Agency · · Score: 1

      Haha, if there are, I say... "suckers!". Anyone tugging it to grainy voyeur-cam pics of my out-of-shape ass is even more pathetic than I am, and really needs to get out more.

      --
      Freedom: "I won't!"
  65. Some People Just Cannot Live with Consequences by JenovaSynthesis · · Score: 1

    I doubt much of anything will come of this. Since she is the model in the images, she was not the photographer and therefore has no claim to the images whatsoever. Since she is merely going for their removal, she was more than likely a willing participant in the photo shoot.

    That being so, while it may be embarassing for her to have to deal with those images getting out, that is the risk you take when you engage in that behavior. She was supposed to think of the consequences before she agreed to be photographed.

    The boyfriend might be open to criminal charges depending on if Oregon has laws against posting pictures of that nature without the consent of the individual(s) modeling for the shot. Or he might be liable for inciting harassment on either a criminal or civil level.

    I hope Yahoo stands their ground on this one. This woman made her bed, now it is time to sleep in it.

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    1. Re:Some People Just Cannot Live with Consequences by Goronmon · · Score: 1

      So, you are saying Yahoo isn't obligated to remove the pictures of her from their service?

    2. Re:Some People Just Cannot Live with Consequences by JenovaSynthesis · · Score: 1

      Exactly. She does not own the copyright unless she can produce a document stating that the photographer transferred the rights to her. Therefore, unless the images in and of themselves violated state/federal laws, Yahoo can leave them where they are until the owner decides to remove them at his/her leisure.

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    3. Re:Some People Just Cannot Live with Consequences by Goronmon · · Score: 1

      What about the personal information posted along with the pictures?

    4. Re:Some People Just Cannot Live with Consequences by JenovaSynthesis · · Score: 1

      Whole different animal. If the state's harassment laws allow for prosecution of harassment by proxy, then he can get nailed. If not he might get out. She could try suing the boyfriend in civil court, but on what grounds I cannot say for sure.

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    5. Re:Some People Just Cannot Live with Consequences by Anonymous Coward · · Score: 0

      Gah!

      There's two ways this works:

      a) In a public area that isn't a changeroom, restroom, or other similar place. If I take pictures of people in a park and post them on the internet, for example, I am definitely not breaking the law. Even if they explicitly say "NO!" I am not breaking the law (although I'm being EXTREMELY rude, and I might end up charged with disturbing the peace if I incited that person to fight me).

      As far as them being nude in said park, I don't think the law makes exceptions for stupidity. Sorry.

      b) In a private situation in a private building, perhaps (in this case) a private residence you own. In this case the pictures are taken only with permission of the owner of the building and with the permission of the person photographed. Distribution beyond your own sole ownership would require more than just a friendly "It's ok!", it would require some signed documents indicating that the photographer had permission of the building owners and the photographed to do so, along with rights to distribute.

      I'm guessing he didn't get his ex to sign a model release.

    6. Re:Some People Just Cannot Live with Consequences by klausboop · · Score: 1

      Since she is the model in the images, she was not the photographer and therefore has no claim to the images whatsoever. I don't believe this is true. The model has to sign a release for their photos to be used.

      I'm no legal scholar but I remember recently there was a story of a real male model whose photo from an old photo shoot was used on a product (Nescafe) without his consent, and he was awarded millions. Read about it by Googling Russell Christoff and Nescafe. (Curiously, Google News doesn't come up with anything...go figure)

      --
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    7. Re:Some People Just Cannot Live with Consequences by JenovaSynthesis · · Score: 1

      Those are specific laws designed to protect the images of people who use their image for their livelihood such as N'Sync suing a company that made unauthorized merchandise of them.

      Those put controls on people using the likness of other people specificly for making profit without their knowledge and/or consent.

      This situation is more akin to posting a photo you took at a family reunion on an online photo gallery and one stuffy relative depicted did not like it.

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    8. Re:Some People Just Cannot Live with Consequences by JenovaSynthesis · · Score: 1

      CyberCrime on TechTV covered this issue and legally there are no legal remedies yet. Their story was on voyeur cams and such like people taking pictures up a dress. (http://www.g4tv.com/techtvvault/features/25256/Vo yeurism_Spreads_Outside_the_Dressing_Room_pg2.html )

      It is perfectly legal for someone to photograph up a woman's dress and post it and even charge money for it. The fact the women are fully clothed and in public protect the voyuer in this case.

      And even though some states laws have changed since the report, she posed, she consented.

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    9. Re:Some People Just Cannot Live with Consequences by Anonymous Coward · · Score: 0

      *Part* of the situation is *almost* akin to a relative objecting to a reunion picture. (The almost is because of the typically more private location nude photos are taken in, as opposed to the more public reunions).

      Inciting harassment seems to me to be the far more serious problem, which the photos just compounded. If he'd used photos of another woman who just resembled his ex-girlfriend, it'd still be a huge problem; that the photos were real just serves to make it more embarrassing.

      It's nowhere near the same severity, but think if someone posted your personal information with a "bet you can't" challenge to hack your computer/bank accounts/credit card accounts, written as if from you. Yes, you could have been targeted by someone - but this not only makes it easy, but makes it solicited.

      This situation is incredibly worse - she was put in physical danger. It'd only take one sufficiently angry turned-down guy for her to be dead right now.

      The pictures attached to the account just make it somewhat worse - easier to convince them that she's interested in something, harder for her to convince them otherwise - but the fact that they're of her, with or without her consent, is less relevant to the harassment than what was being done with the account. If someone was repeatedly selling your dog, giving the address and encouraging the buyer to just pick them up while you're not at home, to avoid upsetting "the children", what they're doing with the account matters somewhat more than whether the photo of the pooch in question is authorized or not.

      That Yahoo ignored this illegal and abusive use of an account for three months *after they were notified* is ridiculous - I don't know the legality of these things, but that may make them liable enough. At any rate, it looks from the article like suing them was the necessary to get the account taken down.

      Personally, I doubt if any woman with half a brain would think of putting herself in danger of rape and setting herself up for harassment for at least three months, if not the rest of her life, for only 3 million. But that's just my 2 cent rant.

    10. Re:Some People Just Cannot Live with Consequences by Anonymous Coward · · Score: 0

      If it was just the photos, sure. Yahoo probably had no obligation to remove them.

      But photos combined with personal information and letters from the lady informing Yahoo of how he was abusing the photos to risk her safety surely should have set off enough red flags.

      If you read the terms of service, Yahoo can do what they want in such a circumstance -- photographers rights or not.

    11. Re:Some People Just Cannot Live with Consequences by sanosuke76 · · Score: 1

      Actually, you might find it interesting to check out the fine print at Disneyland. Did you know that by the terms of service, you're providing consent to be photographed, video'ed, etc for their purposes, including commercial use? I don't think this applies to OTHER folks at Disneyland, but Disney itself can do whatever they wish; you presented your ticket and walked right through the gates into the magic kingdom.

      --
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    12. Re:Some People Just Cannot Live with Consequences by JenovaSynthesis · · Score: 1

      True because Yahoo is private property which trumps.

      But it does not set up an obligation to expedite her claim esspecially since it is doubtful she offered any legal evidence (police reports, notarized statements, etc.) to make them move faster.

      If I were in Yahoo's place and I just received an e-mail complaint about a profile and nothing more other than e-mails, I would just shrug it off and put it through the normal process anjd it gets dealt with when it gets dealt with. However if I get a complaint with a notarized statement ad/or a police report, it would be taken care of ASAP because if it turns out I am in the wrong to take action, my ass is covered by that documentation because at that point the complainer would be guilty of perjury and/or filing a false police report.

      Yahoo is all about protecting its ass and its members. That's why a Michigan family had to get a court order to gain access to their deceased son's data stored on Yahoo. In this case if all they got was e-mail complaints and nothing else, then they would be wiser to err on the side of the user who created the profile.

      My whole thng is that a lot of the comments I have been seeing are about how evil the boyfriend one and that this woman was a victim and so forth, and to some extent she is. But she has no logical reason to be humuliated because photos of her naked got out on the net. Legal experts all around will tell you the best way to avoid such situations is to never put yourself in the position in the first place.

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    13. Re:Some People Just Cannot Live with Consequences by fishbowl · · Score: 1

      "Those are specific laws designed to protect the images of people who use their image for their livelihood such as N'Sync suing a company that made unauthorized merchandise of them."

      You missed the whole fundamental concept of "equal protection of the law."

      If there is a law that protects N'Sync, it protects you too.

      The United States is not an aristocracy with classes, each with different sets of laws.

      That's what you're suggesting, and of course, you're completely wrong.

      --
      -fb Everything not expressly forbidden is now mandatory.
  66. Why not sue the ex-boyfriend? by Anonymous Coward · · Score: 0

    He didn't have the $3M, maybe.
    If there is a guilty party, it's the boyfriend. Yahoo! only provides the space that anyone can use for pretty much anything within the law (i.e. no child pornography). You can't sue the city if your ex-boyfriend pastes your photos on power poles. Besides, Yahoo! took them down. Yet another sue-happy, greedy gold digger.

  67. Yeah, she could have put them up herself by spun · · Score: 2, Insightful

    I think she will have a hard time with this case, proving that she didn't do exactly that.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:Yeah, she could have put them up herself by Anonymous Coward · · Score: 0

      If the photos are clean, dry and otherwise in good condition, it will be easy to prove that she did not "put them up herself".

  68. Re:omg where r the pics!?111one a/s/l by jued0001 · · Score: 0

    I don't see too many nude pics of Mennonites online (just an example).

    And I'm not saying it's wrong, just that it likely isn't going to help her win a jury over based on sympathy for her.

    --

    _______

    I just wish I could c:\format Internet

  69. No by Anonymous Coward · · Score: 0

    She's not into that sort of thing. Perv.

  70. Re:omg where r the pics!?111one a/s/l by Goronmon · · Score: 1

    By "previous comment" I meant the parent, not my other comment ;)

  71. Oblig... by Anonymous Coward · · Score: 0

    "..she's 48!"

    I'd hit it

  72. No, it's not. by Roadkills-R-Us · · Score: 1

    It's the same AP story.

  73. Re:omg where r the pics!?111one a/s/l by InfiniteWisdom · · Score: 1

    Pictures taken in the privacy of your own home is one thing and posting them on the Internet is another thing. My and my ex- messed around too on ocassion, but when we broke up I deleted them along with everything else related to her. This is despite the fact that we broke up because she cheated on me, so I had every reason to be mad at her (which I am... that slut!)

    But violating her privacy is not a line I'm going to cross.

  74. Try this link by benhocking · · Score: 1
    http://nhpr.org/view_content/4812/
    Here's an excerpt:
    "The department of transportation would be most directly affected by the proposed legislation. And the department estimates frivolous lawsuits will cost the state more than $900,000 dollars over the next two years."

    It doesn't mention drunk driving, but surely someone has sued the DOT after getting hit by a drunk driver. (Disclaimer: I only skimmed the article. It is one of many I found after doing a google search on Department Transportation lawsuits, inspired by your statement.)

    Note: I'm not saying one should sue the DOT after getting hit by a drunk driver. Nor am I agreeing with your implication that these are similar, since Yahoo didn't just host the pictures - they did not take down the pictures when asked to do so. A closer analogy (but still flawed) would be suing the bartender who continued to serve the drunk driver even after he was noticeable drunk.

    --
    Ben Hocking
    Need a professional organizer?
    1. Re:Try this link by AllahsAvatar · · Score: 1

      Or suing the Cab company for refusing to pick him up

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      No sig for you! Come back, one year!
  75. This is like suing the phone company... by smose · · Score: 1
    ...when someone posts "unuathorized" nude pics of you, along with your phone number, on a telephone pole at a downtown street corner.

    There's no such thing as a stupid question... only stupid people who ask questions.

  76. Re:omg where r the pics!?111one a/s/l by MarcoAtWork · · Score: 1

    he wanted pictures of her because they gave him pleasure,

    for all you know she wanted the pics to be taken because they gave *her* pleasure, don't be sexist :)

    --
    -- the cake is a lie
  77. something's burning by Anonymous Coward · · Score: 0

    and archive.org goes down as a million people try to find a backup...

  78. It's more reasonable... by grumpyman · · Score: 1

    to sue her boyfriend instead of yahoo, but apparently it's the smell of money. Now it's like suing the car manufacturer instead of the bad driver who struck your car.

  79. Sued, nothing. by Roadkills-R-Us · · Score: 1

    Forget civil court for now, there has to be something she can file criminal charges for. Defamation of character, sexual harassment, stalking, any number of things. Then, while he's locked up, trying to make bail, you serve the civil papers as well.

    If she didn't do any of that, her rights to go after anyone else should be forfeit.

    1. Re:Sued, nothing. by Anonymous Coward · · Score: 0

      Umm. If he took the pictures with her permission, he has every damn right to post them up. He owns the copyright. If you don't want your naked body posted accross the internet, don't let people take pictures of you naked.

    2. Re:Sued, nothing. by loraksus · · Score: 1

      You need to read up a bit on something called a "model release"
      This link might help too
      http://www.loc.gov/rr/print/195_copr.html#Publishe d

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  80. What bugs me... by j-turkey · · Score: 1

    How come she is suing Yahoo instead of (or in addition to) pursuing her ex-boyfriend? Perhaps because Yahoo has the deepest pockets -- which I find extraordinarily lame.

    Perhaps Yahoo could have been more responsive, but it it thait fault that this whole thing happened? I tend to think not. That would be like suing Slashdot (instead of me) because I posted something libelous about you. Like I said...lame.

    --

    -Turkey

  81. hmm by firepacket · · Score: 1

    Why isnt she suing her ex-boyfriend instead of yahoo?

  82. re: examples by King_TJ · · Score: 1

    Since you asked...

    www.voyeurweb.com

    Free to view most of the sections, and loads of examples of this going on every week.

  83. i found the photos! by Anonymous Coward · · Score: 0

    http://shinyfeet.com/ in the photo gallery

    1. Re:i found the photos! by Anonymous Coward · · Score: 0

      Thanks for advertising your pay site David!!!!

  84. Bummer by multipartmixed · · Score: 0, Redundant

    Looks like the Wayback Machine never archived 'em, either. Hrmph.

    --

    Do daemons dream of electric sleep()?
  85. *sniff, sniff* by d474 · · Score: 2, Interesting

    ...something smells like a scam here.

    BF: "How can we get rich, honey?"
    GF: "Take nude photos of me, then we 'break up'."
    BF: "...and..."
    GF: "Then you post them at Yahoo membership profiles..."
    BF: "...and then..."
    GF: "And then I gently ask Yahoo to take them down - if they take too long, we sue for..."
    BF: "$1000 ?"
    GF: (in a Doctor Evil imitation) "Three mill-eeee-own dollarz!!!!"
    BF: *scrambles for the digital camera*

    --
    Authority questions you. Return the favor.
    1. Re:*sniff, sniff* by The+Slaughter · · Score: 1

      BF: And we'll split it 50/50, right? GF: Split it ? ............. uhhhhhhhhh... suuuuuuuuure. (GF buys a single one way ticket to the Caribbean)

    2. Re:*sniff, sniff* by d474 · · Score: 3, Funny

      Exactly.

      GF: "We'll have to stay apart for at least a year or so, until things cool down...I'll, err, meet you at...the Starbucks in the Mall of America on January 3, 2007...yeah, that's it."
      BF: "I'll miss y..."
      GF: "...just get the damn camera."

      --
      Authority questions you. Return the favor.
  86. After the new airport screeners.. by Digz · · Score: 1

    1) Install airport screeners that can see through clothes
    2) Post on Yahoo
    3) Profit!!

    --
    SYS 64738
  87. Note: IANAL by maynard · · Score: 1

    And shouldn't be making pronoucements as if I am. However, I really do think what that guy did is eggregious and he should be punished to the legal extent possible. Also, I'm getting fed up with anonymous criminal fuckwads who are ruining it for the responsible folk. --M

  88. I don't think they're liable. by cbreaker · · Score: 0

    They provide a service. If a court ordered them to take the photos down, they'd do it right away. They aren't responsible for what other people do with the web space any more then a Bar is responsible for drunk driving.

    But they just have this woman sending in e-mails. She should have sued her ex-whatever instead.

    --
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    1. Re:I don't think they're liable. by geomon · · Score: 2, Interesting

      They aren't responsible for what other people do with the web space any more then a Bar is responsible for drunk driving.

      There is plenty of case law holds that bars and taverns are liable if they knowingly serve people who are visibly intoxicated who then drive and kill or injure someone on the road. If Yahoo was asked on more than one occasion to have the information removed, they could be held liable.

      As I said, that is what the court will decide in this case.

      --
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    2. Re:I don't think they're liable. by jdunlevy · · Score: 1
      > She should have sued her ex-whatever instead. <

      Except Yahoo probably has more money than her ex-whatever.

      However, since her ex-whatever abused yahoo and presumably violated all kinds of tems of services agreements, etc., it would seem to make sense for yahoo to turn around and sue him.

    3. Re:I don't think they're liable. by Alan+Livingston · · Score: 1

      Your third sentence contradicts itself in most states. According to MADD, 42 states have Dram Shop laws.

    4. Re:I don't think they're liable. by cbreaker · · Score: 0

      Not really. While I've heard of a bar being sued for letting someone get too intoxicated, it's extremely rare for the state to go after the bar every time a DUI crash occurs.

      It wasn't a great example but if you're not trying to be a nerd it works.

      --
      - It's not the Macs I hate. It's Digg users. -
    5. Re:I don't think they're liable. by cayenne8 · · Score: 1
      "There is plenty of case law holds that bars and taverns are liable if they knowingly serve people who are visibly intoxicated who then drive and kill or injure someone on the road."

      Depends on the state you live in. I've lived in some and visited some where the bartenders are held liable...which sucks, 'cause they'll cut you off way before you can catch a decent buzz...even if you're not driving.

      Thankfully, not a problem here in NOLA, home of the 'to go cup'...where you can buy a drink to go....

      :-)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:I don't think they're liable. by Anonymous Coward · · Score: 0

      You've no clue as to what you're talking about, do you? I've worked in clubs and bars for years. It's true that we are responsible for cutting off people who are visibly slobbering drunk, but not just intoxicated. We certainly are not responsible for ANYTHING that they do once they have vacated the establishment.

      Trust me, I've had to stop serving and, on occasion, physically remove people from my workplaces. Some of them simply went home while others got into fights, accidents...whatever.

  89. A demand!! by grumpyman · · Score: 1

    We have to see the picture to cause the emotional distress. Unless we see the picture, the plantiff has no right to sue. Show us the damn freaking picture, NOW!!!!

  90. Re:omg where r the pics!?111one a/s/l by dubl-u · · Score: 1

    Big fucking deal. You don't need to be of high moral virtue (whatever that might mean) to deserve sufficient privacy to keep private information off the net.

    This is true, but it seems weird to let loons take and run around with nude pictures of you and then blame a third party for hosting the pictures. I'd say that unless she has a written contract with the ex-boyfriend about those pictures, she doesn't have any privacy rights over those photos.

    Of course, even if Yahoo is legally allowed to leave the photos up, the polite and kind thing for them to do is to take them down promptly.

  91. Ownership laws? by DaltonRS · · Score: 1

    IANAL.
    I think a good question to be asking in this case is who, legally, has ownership of the pictures. I would be very shocked if there was not some way to claim that they are an artistic work, and as such, are protected under some form of copyright law.

    1. Re:Ownership laws? by JenovaSynthesis · · Score: 1

      The photographer/videographer owns the rights to the photos.

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    2. Re:Ownership laws? by 99BottlesOfBeerInMyF · · Score: 1

      The photographer/videographer owns the rights to the photos.

      True, but many places require permission to publish identifiable photographs of another person. Additionally, publishing nude photographs, an indecent proposal, and personal contact information for anyone other than yourself almost certainly qualifies as illegal harassment in every place I can think of. All of that aside, Yahoo is still legally bound to remove her personal information and accounts opened in her name in a timely fashion when she requests that they do so.

    3. Re:Ownership laws? by JenovaSynthesis · · Score: 1

      The text would depend on how the state's marassment/stalking laws are written. If they are written well then it will cover harassment by proxy which this is a case of. If they are strictly written in entity-to-entity language, he may be able to beat any criminal charges.

      And actually, any state laws prohibiting publication would probably be trumped by the fact federal copyright law allowed for them to be distributed in any way the owner sees fit. Several attempts have been made to get federal laws passed that would cover that stuff such as "up skirt" cam sites and so forth, but none are on the books yet.

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      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    4. Re:Ownership laws? by Registered+Coward+v2 · · Score: 1

      The photographer/videographer owns the rights to the photos.

      True, but they do not necessarily have the right to use the image, for example:

      I can take a picture of a print but I cannot distribute it since the artist who created the print owns that copyright; even though he does not won my photo;

      Without a model release you're asking for trouble since you do not have an absolute right to use individuals images even if you own the copyright to the photo.

      --
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    5. Re:Ownership laws? by JenovaSynthesis · · Score: 1

      And what proof does she have other than her word that she did not post that stuff?

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    6. Re:Ownership laws? by 99BottlesOfBeerInMyF · · Score: 1

      What proof do you have that you didn't? It doesn't matter she requested it removed, they failed to comply.

    7. Re:Ownership laws? by JenovaSynthesis · · Score: 1

      Hmmm... I didn't know Yahoo employed omnipresent Betazoids.

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      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    8. Re:Ownership laws? by fishbowl · · Score: 1

      >The photographer/videographer owns the rights to
      >the photos.

      Do you know what a model release is?

      --
      -fb Everything not expressly forbidden is now mandatory.
    9. Re:Ownership laws? by JenovaSynthesis · · Score: 1

      Yes. It is a document used generally in a commercial relationship between a a photographer/videographer and the subject of their work.

      They affirm the age of the subject and affirms the copyright ownership of the photographer/videographer. In cases where it is a consignment work, the copyright is transferred.

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  92. Customer Service IS important.... by Anonymous Coward · · Score: 0
    Barnes sent Yahoo a letter in January saying she did not create the profiles and wanted them removed. Additional attempts to get Yahoo to remove them in February and March did not get a response, the lawsuit claims.

    Sounds like a customer service issue. Yahoo is getting what it deserves: I wish you could do this to every company that is non-responsive to customer requests...

  93. Re:omg where r the pics!?111one a/s/l by drooling-dog · · Score: 1

    And, as we all should know by now, Morality is only about sex and the visibility of body parts. You're a Republican, aren't you?

  94. Whose definition of "timely manner" will win out? by geekwench · · Score: 1
    According to the articles, Ms. Barnes tried to have the profiles removed over the course of three months, and that does seem a little excessive. However, I have had problems with Yahoo (and a third-party information provider, who they seem to be no longer using) when I had to have an incorrect business listing removed from their directory. I understand her frustration, having experienced something similar, but mine is hardly worth a 7-figure price tag.

    OTOH, I didn't have strange men showing up at my workplace, expecting nookie. In her case, not only her privacy was compromised, so was her personal safety. Her business probably experienced severe disruption from these incidents as well, and it woudn't surprise me if her employers had threatened to fire her over these incidents. Had one of the men turned violent, there might be a coroner's report instead of a lawsuit. In this case, I think that a figure of $3 million, while possibly excessive, is probably justified.

    (The articles don't mention whether or not her ex was named in the suit, though, and he probably should be. Maybe Yahoo will turn around and hit him with one as well.)

    --
    Doing my level best to piss off the religious right wing...
  95. Adult Groups a Profit Center by Anonymous Coward · · Score: 0
    No cause for alarm.

    The degree to which they're a profit center vastly exceeds the risk.

  96. So? by Banner · · Score: 1

    I've known some very attractive 48 year old, and even 50 year old women. Wait till you're that old, and suddenly you'll note that it's not age that makes the difference, it's how well they take care of themselves (And you yourself).

    Unless of course you're planning on not having sex after 40? (of course that assumes you're having sex now ;-)

  97. Re:omg where r the pics!?111one a/s/l by Anonymous Coward · · Score: 0
    "I don't see too many nude pics of Mennonites online (just an example)."

    Um, ya, because, after all, one can easily identify a Mennonite with their clothes off.

    P.S. What the fuck are you smoking?

  98. Shoulda posted them here.... by Anonymous Coward · · Score: 0

    http://www.revengeworld.com/ (NSFW, obviously)
    BIG disclaimer on the website, and they actually listen to people asking to take their photos down.

  99. Re:omg where r the pics!?111one a/s/l by MarcoAtWork · · Score: 1

    and let me clarify, regardless of whom decided to take whose pics, IMHO those pics are 'joint' property of the couple (whether or not they have split up) so unless *both* people agree it's a big no-no for either of them to show them around.

    If yahoo didn't comply with her request(s) to take them down she's quite right to sue in my book, in this type of situation I think the policy should be 'take them down right away and figure things out later'. I would also sue the guy as well, although I'm not quite sure exactly if it's even legally feasible to do so.

    --
    -- the cake is a lie
  100. Save your cache. by glrotate · · Score: 0

    The server is down. Got a mirror?

    1. Re:Save your cache. by doublem · · Score: 1

      It's not down.

      Yahoo yanked them.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
  101. photos discovered! (free reg required) by Anonymous Coward · · Score: 0

    and then after you login they are in the file manager: http://shinyfeet.com/ I could not see them through the demo account

    1. Re:photos discovered! (free reg required) by Lazarus_de_Legio · · Score: 1

      You really are a tool...

    2. Re:photos discovered! (free reg required) by Lazarus_de_Legio · · Score: 1

      Funny (from site) Spam Policy SPAM is not tolerated. We do not issue any customer information to 3rd parties, this prevents any chance of receiving SPAM to your Shinyfeet account. We also will act accordingly if we receive any SPAM abuse notifications. Please review the TOS SPAM section as well as our Private Policy for more information. ---------------- Do the world a favor, get in a coffin.

  102. Nice Pun! by sconeu · · Score: 1

    Pubic policy. Very nice indeed.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  103. Re:omg where r the pics!?111one a/s/l by blueskies · · Score: 1

    If it did happen as described, I think she has a legitimate complaint both against Yahoo and against her boyfriend.

    What duty does Yahoo owe her? Did the boyfriend take the picture and own the copyright? What type of agreement exists between her and Yahoo? If you can point out a legal requirement that Yahoo has to follow, I'm sure there is a way to force them without claming a 3 million dollar lawsuit.

  104. creditcards.google.com by Proaxiom · · Score: 1
    "Enter somebody's name, find all known nude photographs of that person. Needn't even be celebrities."

    I'm waiting for creditcards.google.com.

    You type in somebody's name and it returns a complete list of their credit card numbers with expiry dates.

    Or alternatively, you type in a large number, and click I'm Feeling Lucky, and it returns you a card with that number as the limit.

    They might need an I'm Feeling VERY Lucky button for credit cards with 6 figure limits.

  105. Verification by Widowwolf · · Score: 1

    How was yahoo to know that this woman who was contacting them the person in the pictures and on the account. Sure you can easily get someones email address, fire off a letter to yahoo and have someone else's things messed with. Problem is with most things online theres no definite way to know who you are talking to. I dont want anyone emailing yahoo to have them take my photo's down because they don't like them.. Personally, IMHO they should have done as suggested before and suspend the account until all information had been recieved.

    --
    ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
  106. Armchair legalistic speculation is teh suck. by Anonymous Coward · · Score: 0

    If you appear in a recognizable form in a photograph, you have a stake in that photograph. In fact, if you take a picture of another person, you cannot use the picture commercially unless you have a model release. There are exceptions for news organizations.

    1. Re:Armchair legalistic speculation is teh suck. by JenovaSynthesis · · Score: 1

      Does not matter. The rights belong to the photographer.

      That is why people who film complete strangers and win on shows like America's Funniest Home Videos cannot be sued for the prize money by those strangers. It has been tried probably, but I have been unable to find any case where the videographer has not prevailed.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    2. Re:Armchair legalistic speculation is teh suck. by Registered+Coward+v2 · · Score: 3, Informative

      Does not matter. The rights belong to the photographer.

      Only the ownership of the video or photo, which doesn't mean they have the right to publish it.

      That is why people who film complete strangers and win on shows like America's Funniest Home Videos cannot be sued for the prize money by those strangers. It has been tried probably, but I have been unable to find any case where the videographer has not prevailed.

      Maybe becasue of this little requirement for submissions to AFHV:

      Entrants whose clips are chosen for inclusion in a program must sign a Release and Indemnity in the form presented attesting, among other things, to the fact that they are the rightful owners of the submitted clips and that the clip may be submitted and broadcast without obtaining permission from or making any payment to any third party. All persons appearing in the clips must sign consent forms and/or releases (which shall grant to Producer the right to use such person's name, voice and likeness) before the submission can be eligible for prize awards. Parent or guardian must sign the consent/release form for minors. Failure to provide requested releases and/or consents will result in disqualification of entrant. These release and/or consent forms will be provided by the Producer. Notwithstanding the foregoing, the submission of a videotape constitutes the submitter's permission to use the videotape (and the name, voice and likeness of the submitter) in and in connection with the program and all exploitations thereof, including, without limitation, advertising and promotion and, further, constitutes the submitter's representation that all necessary consents and permissions therefor have been obtained.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    3. Re:Armchair legalistic speculation is teh suck. by JenovaSynthesis · · Score: 1

      That is now, it was not always so. The clause you highlighted is probably in response to an out-of-court settlement AFHV reached with an individual depicted in a tape that was not only broadcasted but apparently packed in a compilation that was being sold as well.

      The "victim" and his buddies went out and got drunk and while the "victim" was passed out his buddy did something that embarassed the guy and such. He claimed that the video damaged his reputation, yadda-yadda-yadda and ABC paid him off to shut him up. That policy is them covering their asses.

      They have broadcasted videos without those consent forms and those videos have won. One I remember from the early days of the show (before it became all babies and groin injuries and the videos were actually funny) was of an old woman sitting on a bench and a tame squirrel coming up and and climbing all over her and "kissing" her. The video won and the father of the family specifically mentioned that they had no idea who the woman was and they would like to locate her and give her some of the prize money.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    4. Re:Armchair legalistic speculation is teh suck. by Registered+Coward+v2 · · Score: 1

      They have broadcasted videos without those consent forms and those videos have won. One I remember from the early days of the show (before it became all babies and groin injuries and the videos were actually funny) was of an old woman sitting on a bench and a tame squirrel coming up and and climbing all over her and "kissing" her. The video won and the father of the family specifically mentioned that they had no idea who the woman was and they would like to locate her and give her some of the prize money.

      Well, it most likely depends on the jurisdiction. Since AFHV's probably does a lot of work in CA USA, their laws would be of interest. The CA code states:
      3344. (a) Any person who knowingly uses another's name, voice,
      signature, photograph, or likeness, in any manner, on or in products,
      merchandise, or goods, or for purposes of advertising or selling, or
      soliciting purchases of, products, merchandise, goods or services,
      without such person's prior consent, or, in the case of a minor, the
      prior consent of his parent or legal guardian, shall be liable for
      any damages sustained by the person or persons injured as a result
      thereof.


      So if AFHV is selling copies of that video the person may have a reason to sue and might win. IANAL, so that is just speculation on my part, based on my lay reading of CA Code.

      Bottom line - if you don't have a signed release you are may not have the right to use the photo commercially.

      --
      I'm a consultant - I convert gibberish into cash-flow.
  107. All Yahoo had to do to avoid risk ... by Skapare · · Score: 1

    All Yahoo had to do to avoid risk was to just take down the profiles the very same day they received the letter, and block those user names forever. If the boyfriend creates new ones and the problem re-occurs, then Yahoo would track where these postings were from and block that ISP from creating new profiles temporarily until that ISP tells Yahoo that the offending user has been cut off.

    Where Yahoo's real risk is at, is by being understaffed. Most likely no one read this. I'd even bet they haven't even read the lawsuit against them, yet.

    --
    now we need to go OSS in diesel cars
    1. Re:All Yahoo had to do to avoid risk ... by geomon · · Score: 1

      Where Yahoo's real risk is at, is by being understaffed.

      Which is why I believe they will just shitcan their adult groups section.

      Too much hassle for too little return.

      --
      "Rocky Rococo, at your cervix!"
    2. Re:All Yahoo had to do to avoid risk ... by jandrese · · Score: 1

      Nothing like a couple of assholes on the Internet ruining stuff like this for everyone.

      --

      I read the internet for the articles.
    3. Re:All Yahoo had to do to avoid risk ... by geomon · · Score: 1

      Nothing like a couple of assholes on the Internet ruining stuff like this for everyone.

      Agreed.

      Unfortunately we are all bound to the lowest common denominator in life.

      --
      "Rocky Rococo, at your cervix!"
    4. Re:All Yahoo had to do to avoid risk ... by Skapare · · Score: 1

      This is one reason I blocked Yahoo from the kid's (14,11,8,6) computer.

      --
      now we need to go OSS in diesel cars
  108. Re:omg where r the pics!?111one a/s/l by Anonymous Coward · · Score: 0

    I'd think the party she SHOULD be suing is the ex-boyfriend. It seems he's the most responsible as far as causing any damages to her or her employer.

    I'm assuming Yahoo has more money than the ex-boyfriend, and that's the reason she's doing this.

  109. funny by PsiPsiStar · · Score: 1

    lol.

    Of course, the mennonites have some awsome pornographic wood carvings. *nods*

    --

    ___
    It's the end of my comment as I know it and I feel fine.
  110. Re:omg where r the pics!?111one a/s/l by spiffy_dude · · Score: 1

    WTF? Because she took nude photos with her ex-boyfriend, now she is of "low" moral standing? Give me a break, I don't think morality has ANYTHING to do with what she does or doesn't do in her bedroom.

  111. Re:omg where r the pics!?111one a/s/l by Anonymous Coward · · Score: 0

    Mod this idiot down to hell, please!!! Wish I had mod points right now.

  112. Of course they're at fault by Anonymous Coward · · Score: 0

    They're at fault for not removing them when asked. If they would've taken them down right away then everybody is happy and they all go home smiling. It's analogous to walking into a department store and seeing a 10 foot print of your naked flab hanging on the wall. Are you trying to say that it should not be the store's responsibility to remove said offensive poster and rather the tool that hung it up? That's ridiculous. This lady tried to get those profiles removed for three months. She had people showing up to her work for sexual liasons. Hell yes Yahoo is responsible for that. AND the dirtbag boyfriend

  113. We are at an impass by maynard · · Score: 1

    Simply appearing in a photo does not signal consent for public release. I strongly disagree. I think you are categorically wrong not only ethically, but also legally (in most states). However, I am not competent to judge the legal matter, and the ethical matter is simply my opinion. --M

  114. Where can I find the pictures? ;-) by Anonymous Coward · · Score: 0

    Anyone know? I'm just curious. Someone must have them recorded online somewhere...

    I'm all for Yahoo taking them down upon request, but in filing a $3M lawsuit, with all the media and everything, I think we at least deserves to be able to look at them.

  115. Her Next Target - Google by bluedream · · Score: 1

    Just do a google search: Cecilia Barnes oregon

    Wonder how many phone calls she will get.

    --
    savethedollhouse.com
  116. You are incapable of reading, apparently? by ianscot · · Score: 1
    Try following the link provided in the parent. If you don't go and read the dang link, you're not going to be able to judge "what it comes down to" based on the way you filed the case away based on lame news reports when it first went down.

    The way that court case broke was a pretty staggering example of the incompetence of McDonalds' lawyers combined with a long history of similar situations that were very specific to their business. In particular, the cavalier and extremely arrogant attitude of the company toward this woman, and toward a whole bunch of other similar cases, caused the punitive damages to be high -- so that they amounted to the amound Micky D's makes in a couple of days' worth of coffee profit, IIRC.

    Like it or not, the kneejerk reaction you had, which everyone else had including me, turns out to have completely failed to convince a jury in a trial. Gee, I wonder if everyone just went crazy, all at once. Or maybe there was more to it than that. DUH.

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  117. How she could have gotten Yahoo to act much faster by Skapare · · Score: 1

    She could have gotten Yahoo to act much faster on this by putting the takedown demand on RIAA or MPAA letterhead :-)

    --
    now we need to go OSS in diesel cars
  118. No, you need a Model Release by SpammersAreScum · · Score: 1

    I doubt much of anything will come of this. Since she is the model in the images, she was not the photographer and therefore has no claim to the images whatsoever. Since she is merely going for their removal, she was more than likely a willing participant in the photo shoot.

    Do you have any references to back up that assertion? I've spoken with quite a few models and model photographers, and my understanding is you cannot legally sell or publish unless the model permits it. This is usually via a Model Release form signed by the model and the photographer.

  119. If you are THAT stupid..... by p51d007 · · Score: 1

    To have nude pictures of yourself THESE days... you get what you deserve. I can't believe that people are still "outraged" when nude pictures of themselves show up on the web...... Yeah, her boyfriend is responsible for posting an unauthorized webpage, but she is just as responsible for probably providing him with the photos...even if they were stolen. You should have been SMARTER, not to have had someone take nude pictures of yourself!

    1. Re:If you are THAT stupid..... by Marii · · Score: 1

      First of all, having nude pictures of yourself is not stupid if you are aware of the consequences. ;) Also, I think there was a reason above and beyond the photos for her to sue Yahoo. The profiles were causing her to get calls and visitors at her workplace. Her ex could have accomplished this with or without the photos

    2. Re:If you are THAT stupid..... by Xepherys2 · · Score: 1

      Wow, that's absolutely ridiculous p51d007. So what you're saying is that your right to privacy, your right to explore your sexuality and your right to partake in sexual situations with a partner makes you stupid because there MAY be an outcome like this? Hmmm... that's why they're called rights. Oh, and the boyfriend did NOT have the right to humiliate her in that fashion.

      Frankly, I think you should have been SMARTER than to post such an assinine comment.

      ~X

  120. embarrassed by Master+Ben · · Score: 1

    I think her boyfriend should go to jail.

    I was soo embarrassed when I showed up at her office wearing nothing but a trenchcoat, expecting to have some fun and she said no.

  121. Don't get your facts about lawsuits from lawyers by Ryan+C. · · Score: 3, Insightful

    That is the most self-serving bunch of tripe I've read this year.

    McFact: 185 degrees is the proper temperature for coffee, not a problem to be solved.

    McFact: Some other restaraunts had it 20 degrees lower out of fear of lawsuits and at the expense of the coffee's taste.

    McFact: McDonalds refused her original claim not because they were being jerks but because if they admitted fault, they would be open for even more lawsuits.

    McFact: Lack of personal resposibility is ruining many of life's experiences for everyone.

    --
    -Ryan C.
  122. Cecilia! by Anonymous Coward · · Score: 0
    i guess she was breaking his heart and shaking his confidence daily...

    /hopefully not obscure

  123. Serious Issue by airship · · Score: 5, Interesting
    I've been trying for a year to get classmates.com to remove the listing for my wife, who died. It's seriously disturbing to go up there and see her still listed. So I don't go anymore.

    The issues of who owns accounts, how they are handled when someone dies, and whether a host is responsible for verifying information in a public listing, have simply not yet been addressed, even though the web is 13 years old.

    --
    Serving your airship needs since 1995.
    1. Re:Serious Issue by databyss · · Score: 1

      First off, I'm sorry for your loss.

      Secondly, this sounds similar to when the soldier died and Yahoo wouldn't release access to his email account to the family.

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    2. Re:Serious Issue by acceleriter · · Score: 1

      I'm sorry about your wife--that must be difficult. I can't classmates.com is so insensitive as to refuse to remove the profile. While I've never had much use for them anyway (they extract information from alumni then hold it and the ability to communicate hostage until receiving money--after having tricked new alumni into adding themselves to the database), I will certainly steer clear and recommend others do the same.

      --

      CEE5210S The signal SIGHUP was received.

    3. Re:Serious Issue by Cornflake917 · · Score: 1

      That's really sad considering this fact: If a model that has pics or movies in a pr0n website dies, I know of at least one that removes all the nude photos/vids of that model, and creates a whole web page in rememberance of that model. I think classmates.com should at least do the latter part.

    4. Re:Serious Issue by cosmol · · Score: 1
      Yahoo had a non-ambiguos clause in the user agreement.

      No Right of Survivorship and Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

      Yahoo, and the judge simply caved in to the current climate of flag waving.

    5. Re:Serious Issue by Anonymous Coward · · Score: 0

      Yahoo, and the judge simply caved in to the current climate of flag waving.

      Thank goodness we've got brave, insightful folks like you to help save the rest of us poor, brainwashed saps from our crypto-fascist overlords! Please cast more of your pearls of wisdom before this unworthy piggy!

    6. Re:Serious Issue by Anonymous Coward · · Score: 0

      I'm shocked. Not by classmates.com, this sort of this is commonplace, disgusting as it may be, my cynical side comes to expect the worse from companies and usually is not disappointed. What really suprises me is that people, geeks even, would participate in such a sight, and be tricked into giving away their info. Someone needs their geek license revoked. Anyways, fuck it. Get into some new-age mysticism or find jesus or something. Then you can comfort yourself with the idea that who ever it was you cared about isn't really gone forever, you'll meet up again someday, karma/justice for the bad guys, and hopefully her soul gender wasn't male, but I guess in the higher realms where us mear mortals can't comprehend those issues don't matter so much I suppose.

    7. Re:Serious Issue by airship · · Score: 1

      Of course, once I said something about this on Slashdot, I got thinking how long it had been since I checked. So I went up and looked and, sure enough, classmates.com has since removed my wife's listing. So my apologies to classmates.com. Still, it took them one heck of a long time to get it done...

      --
      Serving your airship needs since 1995.
  124. Giv up , there are no valid links by doublem · · Score: 1

    OK kids, here's the deal.

    None of these links work.

    Yahoo has yanked ALL of them.

    Unless someone mirrored them and is posting them elsewhere, you can consider these pics effectively removed from the Internet.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
  125. OKAY HERE THEY ARE! by Leroy_Brown242 · · Score: 4, Informative

    http://forumpics.info/Yahoo-pics/

    Didn't get but the thumbnails, but they are good enought o see what's going on. :)

    1. Re:OKAY HERE THEY ARE! by Anonymous Coward · · Score: 0

      Who ever modded this up has Oedipus Complex..

    2. Re:OKAY HERE THEY ARE! by AsnFkr · · Score: 4, Funny

      Oh hell naw.

    3. Re:OKAY HERE THEY ARE! by bluedream · · Score: 5, Funny

      Umm.. Is that her with the dog?

      No wonder she is sueing.

      --
      savethedollhouse.com
    4. Re:OKAY HERE THEY ARE! by Anonymous Coward · · Score: 0

      I wonder if the blonde woman on www.royalcommercial.com is the same woman. It's the same name and she is in Portland Oregon. If you look closely at the chin structure they look the same, however I wish the pictures were a little clearer

    5. Re:OKAY HERE THEY ARE! by buddhaseviltwin · · Score: 1

      Who ever modded this up has Oedipus Complex.

      Oedipus was in love with his grandmother???

    6. Re:OKAY HERE THEY ARE! by Anonymous Coward · · Score: 0

      That woman works in the "parts and service" department. It must be her! ;-)

    7. Re:OKAY HERE THEY ARE! by rp4130 · · Score: 0

      ....i think i just threw up a little bit in my mouth...

    8. Re:OKAY HERE THEY ARE! by madgamer · · Score: 2, Funny
      wow, that was ruff.

      (sorry, couldn't help it)

    9. Re:OKAY HERE THEY ARE! by Anonymous Coward · · Score: 0

      haha, sucker, she should have thought twice about suing

    10. Re:OKAY HERE THEY ARE! by brkello · · Score: 2, Informative

      As "Informative" as this is...I don't know how wise it is to be modding it up without a warning saying that it is explicit.

      --
      Support a great indie game: http://www.abaddon360.com
    11. Re:OKAY HERE THEY ARE! by Leroy_Brown242 · · Score: 0

      Well, unless you ignored all content on this page except my post, I think one would know.

    12. Re:OKAY HERE THEY ARE! by Anonymous Coward · · Score: 0

      Posting anon to be safe... Damn, I'm in Portland, and I don't live to terribly far from that place.

      Now I'm tempted to pose as a customer and go in and get a better look. (Maybe discreetly take a pic or two?)

    13. Re:OKAY HERE THEY ARE! by SwItCH_LiVEs · · Score: 1

      I dunno man, be cool. Don't post her pics on Slashdot.

      That isn't very nice, and for the record, I even work in the porn industry, and wouldn't do that.

    14. Re:OKAY HERE THEY ARE! by Perky_Goth · · Score: 1

      for god sakes, people, that was WRONG!

  126. Re:omg where r the pics!?111one a/s/l by Beatbyte · · Score: 1

    no but you damn sure need to be smarter than let someone take naked pictures of you in that situation ;)

  127. Re:Don't get your facts about lawsuits from lawyer by Mononoke · · Score: 2, Interesting
    McFact: 185 degrees is the proper temperature for coffee, not a problem to be solved.
    Not in a paper cup it isn't.
    --
    NetInfo connection failed for server 127.0.0.1/local
  128. It's a profit center! And it's fun! by Thud457 · · Score: 1

    Next, on "Blackmail", we play "Stop the film".

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  129. The neat thing here is by mcc · · Score: 1

    After this lawsuit, no matter who wins, you'll be able to get anybody you don't like kicked off of Yahoo by claiming that their profile contains your personal information, because Yahoo's "react to no emails concerning fraudulent use of private information" policy will quickly turn to a "react to any and all emails concerning fraudulent use of private information, to avoid another lawsuit" policy quite promptly.

  130. Re:omg where r the pics!?111one a/s/l by Anonymous Coward · · Score: 0

    Agreed. Grandparent is a jerk.

  131. Parent post forced me to do this! by Anonymous Coward · · Score: 0

    Oh dear, now look what you've gone and done!

  132. Re:Don't get your facts about lawsuits from lawyer by topper24hours · · Score: 1

    Yeah and ALL coffee snobs go to McDonalds for their primo quality, top-notch, perfect temp soffee, right? Seriously, that stuff is swill at any temperature.

  133. Re:Don't get your facts about lawsuits from lawyer by v01d · · Score: 1

    Not in a paper cup it isn't.

    Yes. It is. If you can't handle it, you shouldn't leave your bubble.

  134. Asked? From some woman? by cbreaker · · Score: 1

    I demand that slashdot remove your post! I demand it!

    Hmm... it's not being removed. GIVE ME 3 Million dollars!!

    --
    - It's not the Macs I hate. It's Digg users. -
  135. Unsafe Search is here! by hellomynameisclinton · · Score: 1

    A freind of a friend put this together last year - it only gives you the sites google thinks are unsafe.

    http://www.monzy.org/unsafesearch/

    1. Re:Unsafe Search is here! by cpeterso · · Score: 1


      that is a GREAT idea! I'd like to see a similar service for Google Images, sorted by PageRank.

      Unfortunately, his Unsafe Search doesn't seem to work very well:


      Unsafe Search Results

      A Google query for microsoft returned 53,300,000 normal results and 0 SafeSearch results,
      making it 0.0 percent safe.

      Of the top 30 normal query results, the following 3 results were "unsafe":

      1. MSN UK
      Portal and ISP offering subscription-free and monthly pre-paid packages from Microsoft.
      http://www.msn.co.uk/ -

      2. MSN Search
      Miscroft provides search of the web, news, images and its own encyclopedia, Encarta.
      Also offers desktop search via a toolbar.
      http://search.msn.com/ - 4k

      3. http://www.windowsupdate.com/

  136. mod parent insightful by Anonymous Coward · · Score: 0

    You are so right.

    It's funny, congress and the states rushed in all these criminal laws to cover crime "on the internet" or "on a computer" when there was really no difference (except that business wanted more stuff criminalized and higher fines/damages). But when you have a legitimate issue like this, it just festers.

    I agree with the poster who pointed out that one of those men coming to her place of employment could have become violent. If she had died, we would have outrage, rather than this "Yahoo isn't responsible" whining.

    Yahoo SOP has to change.

  137. Re:Don't get your facts about lawsuits from lawyer by ad0gg · · Score: 1, Insightful

    I hate people like grandparent who try to justify the lawsuit, its makes me sick. Recently i stayed at a hotel, the shower hot water was luke warm at best,when i asked management about it and they said it was due to insurance reasons(scalding) the water had to be set at that temperature. People need to start taking responsiblity for their own actions. Putting a hot cup of coffee isn't the most intelligent thing to do. Having 800 got injured which may seem like a large number, but consider they sell millions a day.

    --

    Have you ever been to a turkish prison?

  138. Re:Asked? From some woman? by xrayspx · · Score: 1

    That post was not personally injurious to you.

    Church of Scientology does this all the time, famously, with Slashdot, but also many many other cases.

  139. worst thing by Lepruhkawn · · Score: 1

    This is bad news for us boyfriends. You know how rich guys want prenuptial agreements?

    What kind of red tape am I gonna have to go thru now to get the proper media of my woman to use when she goes on that long business trip?!?!?

    Jesus Christ, I'm probably gonna have to agree to castration or some other form of fundamentalist punishment if the stuff ever leaks to the public.

    --
    Jesus saves....And takes 1/2 damage.
  140. The best part is... by Anonymous Coward · · Score: 0

    The best part if this is, had she not sued these pictures would have faded into internet obscurity. Now everyone and their grandmother can see them.

    (Yes my grama is watching them with me.)

    1. Re:The best part is... by ramunas · · Score: 2, Funny

      your grandmother??... holy crap.

      --
      ./R My blog
  141. Most likely punitive by edraven · · Score: 1

    It doesn't say in TFA, and IANAL, but if I had to guess I'd say that the bulk of the damages sought in this case are punitive, meaning that they're intended not to cover any actual expense or loss, but rather to punish and discourage Yahoo!'s response (or lack thereof). If I understand correctly, a judgement including punitive damages can often be mitigated by demonstrating improvement. That is to say, if Yahoo! changes their policies and becomes more responsive to cases like this, they will probably avoid paying the bulk of this figure.

  142. member profiles by Ranger · · Score: 1

    I can see it now Yahoo! Porno. I wonder what kind of member profiles they'll be showing?

    Is /. CmdrTaco's profile? And what kind of tacos does he command?

    --
    "You'll get nothing, and you'll like it!"
  143. Good. I hope they lose. Here's why by duerra · · Score: 1

    Yahoo's customer service is absolutely horrendous. I've emailed them a number of times on various issues and have never received a response from them. I hope they lose this battle. Maybe it will wake them up to the fact that they should actually be paying attention to their users for a change.

  144. Women + Internet by PhaxMohdem · · Score: 1

    Someone sent this to me in another forum for this news story.

    http://pics.bbzzdd.com/users/mitaiwan82/kitchen.jp g

    My thoughts exactly :P

    --

    The Property of One's : "The Oneitude is directly proportional to the Colditude of the one." - S.B.

  145. Identification by phorm · · Score: 1

    So exactly how did she identify herself? What if she was simply trying to remove somebody else's pictures... how would Yahoo have verified it. Better to go through an agency such as the police etc to get a legal takedown notice...

    On the other hand, this sort of thing can happen in many ways. Alt.binaries.pictures.erotic.girlfriends on the newsgroups is filled with "ex-girlfriend" pictures from snubbed boyfriends... and once you've been downloaded by a few thousand newgroup users those pics aren't dissappearing anytime fast.

    "Trying to get pictures off the internet is like trying to remove pee from a pool" is a good analogy"

  146. Re:omg where r the pics!?111one a/s/l by Alcilbiades · · Score: 1

    Actually if I remember correctly the Dr. Ann lady person a few years ago lost her case vs. hustler for publishing and profiting off of nudes taken of her by an ex when she was younger. So, you are absolutely correct you shouldn't let loons have your nude pics or if you are truly concerned about it then don't take nude pics of yourself. Also, it is not Yahoo's job to know if the woman was serious or if she was just faking the identity of the person in the photos.

  147. Re:Don't get your facts about lawsuits from lawyer by That's+Unpossible! · · Score: 1

    Please tell us what brand of coffee you drink.

    McDonald's coffee is pretty decent when taken from a fresh batch.

    --
    Ironically, the word ironically is often used incorrectly.
  148. I doubt it by jgoemat · · Score: 1

    Her ex-boyfriend posted them along with her contact info in an attempt to hurt her. That woman's hair doesn't look like the other pictures, I assume his intent was to make people think that was her with a picture he found somewhere else.

    1. Re:I doubt it by doublem · · Score: 1

      That woman's hair doesn't look like the other pictures

      Yeah, because women NEVER change their hair.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    2. Re:I doubt it by brkello · · Score: 1

      Uh, yeah, but most people don't suck on their dog. When all the other pictures have a similar hair cut and then this one has a different one, it looks fairly suspect, particularly when you think about the motive. Sure, women change their hair, but in this context, it's a pretty stupid comment to make.

      --
      Support a great indie game: http://www.abaddon360.com
    3. Re:I doubt it by doublem · · Score: 1

      Ah, but I haven't seen the photos aside form a very quick glance at the thumbnails, so I don't know the dispersal of different hair colors and styles within them.

      I'm beginning to doubt I want to see them.

      Ah Hell, I'm too curious to not take a glance. Got a link?

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    4. Re:I doubt it by Anonymous+Freak · · Score: 1

      Yes, about three links up in this thread.

      Anyway, most of the pics are photographs of a television screen. All of those are the same quality, apparently taken from the same place relative to the TV. Those are of a fairly tame sex session.(Apparently he didn't have a video capture card.) Then there's one that the content looks very similar to the TV captures, only it's a blowjob pic, and looks more like it was captured from a video capture card, rather than taking a picture of a TV screen.

      Then there is one where you don't see the woman's face, looks like a direct digicam pic, of the woman on her back showing her privates. Finally, there's the 'sucking the dog' pic. Low-quality, phone-cam or, my guess, low-res thumbnail from a porn website zoomed in a little. In both it and the previous pic, the woman has long bleach-blonde hair. In the rest of the pics, the woman has short light-brown/sandy blonde hair. THAT is why the doubt that the 'dogjog' pic is legit. (You also can't see the woman's face in that pic.) The hair in the rest of the pics looks very much like the woman at the 'company' website linked to elsewhere in this thread.

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    5. Re:I doubt it by doublem · · Score: 1

      You're right. Now that I take a look, I've got say it's a piss poor job at trying to fake additional pics.

      The two pictures you mentioned do stand out very glaringly as having been added to the photo collection at a different time, and it's pretty clear that they're different women.

      All it really tells us is the guy who put together the collection had a thing for watching women and man's best friend. This may be a clue as to the real reason the relationship ended. She probably dumped his perverted a**.

      It's hard to imagine a scenario where she would have deserved this kind of treatment.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    6. Re:I doubt it by Anonymous Coward · · Score: 0

      "It's hard to imagine a scenario where she would have deserved this kind of treatment."

      Either you're a woman, or a gay guy. :-P

    7. Re:I doubt it by doublem · · Score: 1

      Neither.

      Unliike you, I tend to avoid trouble BEFORE it's in bed with me.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
  149. Don't ask yahoo, use /. by Overzeetop · · Score: 4, Funny

    Heck, if she'd posted this to /. in the first place, we could have taken down Yahoo all by ourselves.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Don't ask yahoo, use /. by new+slash-dotter · · Score: 1

      you can see pics of her at work here:
      http://www.royalcommercial.com/
      and here
      http://www.royalcommercial.com/contact.html

      Looks as though the hair matches the hair of the women with the dog...

      For some reason, I can access the ccb4play yahoo profile in 1 window, but not in any others. Has a pic of her bare chest.

  150. Scam Anyone? by part_of_you · · Score: 0
    Couldn't this be a scam? I mean, her and her boyfirend could just be in it together.

    It does bring up a valid point, and many others have commented on it already, but how many girls have let their boyfriends take nude pics of them? I know a few wives, and husbands, but no boyfriend/girlfriends.

    They were probably sitting around the house one day after posting the pics, and started thinking, "What if we were broke up? Yahoo wouldn't know. We could sue them."

    ...long period of silence...

    Man suddenly jumps up, "Honey! I've got an idea..."

  151. Constitution! by coopaq · · Score: 1
    Where in the constitution does it say you have a right to never ever ever ever be seen naked?

    Or better yet you agreed to pose naked and then got upset about it when people saw the photos?

    Where is it a law?

    Is it an amendment?

    Did she get fired as Miss America from this?

    1. Re:Constitution! by cranos · · Score: 1

      There is a reasonable expectation of privacy. Just because she agreed to have the photos taken doesn't give her ex carte blanche to display the photos anywhere he wants.

      It is a form of harrasment and shows that the ex has the maturity of some pimply faced thirteen year old.

  152. Re:Profiles blocked. by Loconut1389 · · Score: 1

    howd you figure that out?

    btw, boobs? what boobs?

  153. Who's the idiot who marked this as troll? by Travoltus · · Score: 0, Troll

    Are you the guy that posted these pics? I hope you rot in prison.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:Who's the idiot who marked this as troll? by Travoltus · · Score: 1

      You just might run out of mod points before the cops catch you.

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
  154. don't be dumb enough to pose for nude photos by Anonymous Coward · · Score: 2, Insightful

    If the photos don't exist in the first place, then they cannot be put on the internet.

    This is common sense and worked well into the middle 1990s.

    1. Re:don't be dumb enough to pose for nude photos by LilGuy · · Score: 3, Interesting

      People haven't understood the power of the internet yet though. Sure you could always take dirty photos and risk your ex showing them to everyone you know. But NOW, they can show them to everyone you know, and everyone you might meet.

      People will come around tho.. either we'll stop feeding peoples' bad ethics (spreading gossip), or people will wise up.

      I wouldn't hold my breath on the ethics issue.

      --

      You're nothing; like me.
  155. Re:Don't get your facts about lawsuits from lawyer by zakezuke · · Score: 2, Informative

    McFact: 185 degrees is the proper temperature for coffee, not a problem to be solved.

    McFact: McDonalds made it a choice to brew, store, and serve their coffee beyond the normal 185F. The manual in the 80s listed 195F. Rather than using thermometers they turned up the heat to boiling and turned it down a notch resulting in a pour temp of over 195F, into sealed styrofoam mugs.

    McFact: 185F coffee does not cause 3rd degree burns. 2nd degree burns are possible. Surgery and skin grafts are not required for normal coffee spills.

    McFact: They were aware of the problem but refused to turn down their pots just a notch.

    McFact: A reasonable restaurant, whether big chain or small fry has insurance, and so long as you provide photographs will pay for reasonable damages and even offer a small amount of pain and suffering.

    Best example. I had deep fried oysters at Ivers... and broke a tooth on a pearl. I spit out the pearl and tooth fragments and filed an accident report. They agreed to pay the dental bill and offered a small amount for suffering. McDonalds refused to pay medical expences and got sued.

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  156. Re:Don't get your facts about lawsuits from lawyer by ubernostrum · · Score: 4, Informative

    Get your facts from the court documents and findings. There was clear evidence of contributory negligence on the part of McDonald's, and the court punished them for it. Note also that the court found both parties responsible (that is, both Stella Liebeck and McDonald's), so your "no personal responsibility" spiel can go suck it, as far as this case is concerned.

  157. minor details you got incorrect by megalomang · · Score: 2, Informative

    From your source, the woman was seeking $20,000 to cover her medical bills, but McD only offered her a measly $800.

    And, the woman received $160,000 in compensatory damages plus $480,000 (i.e. 3x compensatory) in punitive damages.

  158. 'Oregon' Woman Sues Yahoo for $3 Million by Spez · · Score: 1

    Why is it relevant that she is from Oregon? Would it have been different if she were from Illinois? Or New York?

    --
    I wouldn't mind you in my head, if you weren't so clearly mad -Lews Therin Telamon
  159. The Pics by Anonymous Coward · · Score: 0

    HERE

    then click on the picture album.

    posting anon so she doesn't sue me too.

    1. Re:The Pics by Anonymous Coward · · Score: 0

      Looks like Yahoo found them already

  160. It's up to the boyfriend to take them down by gamer4Life · · Score: 1

    Think of this scenario:

    Yahoo takes down photos upon request. Ex creates new profiles and posts photos. She requests Yahoo to take them down, which Yahoo complies. Ex creates some more.

    At some point, she has to sue the ex or get the police to charge her ex-boyfriend with a crime. The court can prevent the boyfriend from doing it again.

    Also, how does Yahoo! know that she is telling the truth? Or that she is even the person in the photo?

  161. tit for tat of course by No+Such+Agency · · Score: 1

    What kind of red tape am I gonna have to go thru now to get the proper media of my woman to use when she goes on that long business trip?!?!?

    Try this: Use a Polaroid camera, NOT digital. Physical photo prints are easier to keep under control. And she gets to take photos of YOU and keep those (she might enjoy that anyway). That might warm her to the idea. If you go all psycho later and start to mess with her, she can post your photos on gay sex websites, under the pseudonym "HairyBearseeker23". And of course with all photos of this type, you'd both have to be careful not to lose or misplace them.

    This sort of thing can be a lot of fun for couples but you have to exercise some common sense and data security, and trust each other not to abuse the images.

    --
    Freedom: "I won't!"
  162. Re:Don't get your facts about lawsuits from lawyer by topper24hours · · Score: 1

    Seattle's Best is superb... Starbuck's is OK but yuppie to the point I won't let anybody see me drink it. Costco has some decent beans(don't grind them there!). McDonalds is WAY on the low end of the totem pole. As an aside: many people go for a darker coffee like Columbian when they want a powerful "pick-me-up" however, although the darker beans have stronger flavor, the light beans (french, for example) contain more caffeine. Oooh... I hope I get modded informative

  163. yup, cached image within... by adamgeek · · Score: 1

    ..although i dunno how long my server will withstand the slashdotting haha. if anyone wants to mirror this and reply that's fine by me (as soon as my server passes the 9mb/ps range, i'm gonna kill the image)

    the album on the left had about 50 pics in them. yahoo was yanking them right when it loaded for me (i managed to see all the thumbs but no larger pics). judging from the thumbs though, i dont think most people would WANT to see the larger pics.

    LINK NOT WORKSAFE: web albums

  164. Profiles taken down - why? by mencik · · Score: 1

    (Note: The member profiles have since been taken down by Yahoo).

    I wonder if they were taken down due to the lawsuit or due to too many hits after the Slashdot article was posted?

  165. Anyone ever try and sue Exxon by CrazyJim1 · · Score: 1

    Gas stations always have a message: For a good time call (###)###-####

    1. Re:Anyone ever try and sue Exxon by CrazyJim2 · · Score: 1

      I thought gas stations had a message of peace and tolerance.

      --
      "But theres things mightier than a sword, and there are things mightier than pens. Guns and rap." - CrazyJim1
  166. I believe you meant...... by Anonymous Coward · · Score: 0
    1. Re:I believe you meant...... by Leroy_Brown242 · · Score: 1

      hahaha. Funny.

  167. Revenge Site by Anonymous Coward · · Score: 0

    Some where in this thread I noticed the URL for a revenge site, however I can't seem to find it. Does anyone have that URL?

  168. take pictures of me! by Anonymous Coward · · Score: 0

    Holy horse poop, Batman!

    Someone please take pictures of me and post them on MSN so I can sue them for 3 million.

    I'll send 3 mails to spam@msn.net over 3 months and see if they respond in a timely fashion.

    Call them? Of course not.

  169. Re:How she could have gotten Yahoo to act much fas by Yaotzin · · Score: 1

    Prolly not... Yahoo! has slightly better lawyers than your average 9 year-old who downloads 3 Britney Spears songs and gets sued for 900 bazillion. :P

    --
    Error: No error occurred
  170. Sir MEME-alot's cache mirror archive by Anonymous Coward · · Score: 1, Insightful
    HEADLINE: Oregon Woman Sues For Attention

    Would anyone be surprised if the images appear on T-Shirts (ala Zero Wing)? Flash animations?

    It's okay to take that picture down now (NSFW).

  171. She's changing the dog's oil! by 9Nails · · Score: 1

    OMG! She's underneath the family dog giving it a lube and oil change service! How sweet is that! I bet her next boyfriend is going to love the knowledge of that. She better keep up the kink from now on, or someone's pooch will feel left out. It just wouldn't be right for the next relationship if she doesn't take care of man and his best friend!

  172. Re:omg where r the pics!?111one a/s/l by Xepherys2 · · Score: 1

    I wish I could just format jued0001...

    *sigh*

    Seriously, for being a troll post, this thread is out of control. Either the original poster is a moral infant, or they're uptight... or they're just trying to get everyone's panties in a bunch. Regardless, I can't believe so many people have posted similarly assinine comments.

  173. I work for myself... by Anonymous Coward · · Score: 0

    ...you insensitive clod!

  174. Re:omg where r the pics!?111one a/s/l by sanosuke76 · · Score: 1

    Actually, as a celebrity she has less privacy rights than the rest of us, as she can be considered 'newsworthy'.

    Now, that having been said, one of the best ways to protect your rights: don't become a celebrity. Very easy to do; celebrities aren't frequently created by accident.

    --
    My 229 is all the Sig I need http://thegunwiki.com/
  175. MOD PARENT UP, BUT BE WARNED SHE IS 48 by mrtroy · · Score: 1

    MOD PARENT UP

    This is the reason Tom Cruise always bangs mid 20's chicks...

    They dont look like that !

    --
    [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
  176. damn, I should have sued sexyjobs.com by v3xt0r · · Score: 0

    when my ex-girlfriend put my pic up there in a ad for a gay adult entertainment resume. LOL I thought it was rather funny actually, but don't tell her that!

    --
    the only permanence in existence, is the impermanence of existence.
  177. Goat.. by Jesus+IS+the+Devil · · Score: 1

    If I put pics of the goatse man on /., can he sue too? :D

    --

    eTrade SUCKS
  178. Only makes it worse... by Mahler · · Score: 1

    The smartest thing to do, when you're pictures are on the internet..
    .. is to at least get them offline as discretely as possible.

    So noooo suing for 3 million dollars!

  179. Wendys Anyone? by mjanosko · · Score: 1

    Who is to say she didnt post them and SAY the boyfriend did.

  180. Re:Don't get your facts about lawsuits from lawyer by ubernostrum · · Score: 1

    Ah, I see you've learned the Chewbacca defense!

  181. Dang, no nudies! by Lillesvin · · Score: 1

    (Note: The member profiles have since been taken down by Yahoo).

    Not including that bit of information could have /.'ed Yahoo!.

    --
    "Live free or don't."
  182. mod down, totaly offtopic by Anonymous Coward · · Score: 0

    its a commercial email service

  183. WORKING URL's - MOD PARENT UP by Anonymous Coward · · Score: 0

    MOD UP PLEASE

  184. Re:Wow... by symbolic · · Score: 1


    McCoffee gains new status as a weapon of bodily destruction.

  185. WARNING, GRANDPARENT NSFW (obviously) by Cyno01 · · Score: 1

    Ok, there, happy?

    --
    "Sic Semper Tyrannosaurus Rex."
  186. Re:omg where r the pics!?111one a/s/l by mellon · · Score: 1

    If a yahoo customer posts your social security number and bank account information, and you ask them to take it down, and they refuse, do you have a right to sue them? What about your medical records? What about your grades in school?

    I'm guessing you said yes, you have a right to sue them if they refuse to take down this private information. So why *don't* you have the right to sue them when they refuse to take down pictures of your private *parts*?

  187. Gibbor Cindy Lauper nude or gibbor me death! by Anonymous Coward · · Score: 0

    Gibbor Cindy Lauper nude or gibbor me death!

    I have no Lesbian Strapon porno movies to distribute for the remainder of this month. I'll be snooping on eDonkey for little petite girls pussy-pounded by well-hung German Shepherd dogs.

    Primarily, I want to see pictures taken of Cindy Lauper in the nude. Is she realy a retard, or is she just a tard? Maybe because she is some form of x-tard, she could have extra nipples strategically placed on her eyebrows. Oh Yeah!

    Fo' schizzle my stethoscope.
    Sincerily, Dr. Dean aDildo, BS, MSH, WD40

  188. News Flash - Important Announcement!!! by Anonymous Coward · · Score: 0

    Coffee is hot!

  189. That's not the only one :-) by Stealth+Potato · · Score: 1

    Take another look - there are two puns in that sentence. ;-)

    1. Re:That's not the only one :-) by sconeu · · Score: 1

      Yeah, but "upstanding members" was low-hanging fruit.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:That's not the only one :-) by Stealth+Potato · · Score: 1

      "Low-hanging fruit??" Oh, you bastard. :-)

    3. Re:That's not the only one :-) by sconeu · · Score: 1

      Glad you liked it! :-)

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  190. Hey, I saw her at the grocery store today... by Anonymous Coward · · Score: 0

    I was at pubelix buying some dog food and this skanky woman in a miniskirt with OK legs asked, "is your dog big". When I said, "yes", she asked if he was neutered (he isn't) which I though kind of srange because she hadn't asked what kind of dog he was. Well next thing you know this blind biker in a wheel chair comes rolling buy with about 100 bags of BOGO lays potato chips and a big old Rottweiler 'smelling nose dog'. From the stench, I suspect he was not only blind but olfactorallly challanged. Next thing you know, they are hi-tailing it, literally for the rottie, out of the store together and I'm standing there wondering, "why does this care if my dog is neutered". Thank you slashdot. Now I know and the shudders are almost gone.

  191. coffee ignorance, and other trivia by justins · · Score: 3, Insightful
    Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants.

    The ideal temperature for brewing coffee is just under the boiling point, you want it as hot as possible without "burning" it, something unfortunately not possible at home given the low power of most of our coffee makers, unless you buy a pretty exotic one. It shouldn't be left sitting around long before serving, either.

    I realize that it's a false dichotomy since we're talking about McDonald's coffee, but still, there is a tension between having good, fresh coffee on the one hand, and accomodating the amazingly stupid people who can't be expected to hold a cup properly on the other. Most places accomodate the stupid people, since they're obviously a pretty big chunk of the population. But still, it's a shame.

    Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

    The fallacy here is that you're going to transfer the heat to flesh at all efficiently by splashing the liquid over it, such that the flesh will reach the same temperature as the fluid. Hopefully the average Slashdot reader sees the BS here.

    It is really just a shame that our society is being shaped to accomodate the stupid, boring people in so many areas and so many ways. They ought to stay at home where they won't get hurt, eat their TV dinners and avoid sharp objects and dangerous ideas.

    It all comes down to, if you are in the business of dealing with materials you know are hazerdous (as was proven in the case, McDonalds knew the coffee was hazerdous), you are responsible for selling such materials in a safe maner because the consumer expects you to do so.

    We've really dumbed down the definition of "hazardous", haven't we? Stay off those stairs! They are hazardous!
    --
    Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    1. Re:coffee ignorance, and other trivia by Anonymous Coward · · Score: 0

      Put a sign on the cup that says: "Hot enough to cause serius burns", with some ugly image on it. It's hardly an effort and people will now that they should at least be a little carfull. Dropping a cup of hot liquid is not an indication of being stupid neither is suffering permenent damages because the liquid was extremely warm. We haven't dumbed down the definition of hazardous, we just use it to clearify the difference between a nonserius burn situation and a seriusburn situation. Like when signs are put up on stairs because they are wet, or because the railings lose. They don't do that because they think the wet stairs will ruin your health, they do it because idiots could just happen to fall, being idiots and all.

  192. Re:Don't get your facts about lawsuits from lawyer by justins · · Score: 1
    There was clear evidence of contributory negligence on the part of McDonald's

    You realize that all the people who thought that case was stupid, absurd shit point and laugh at you when you say stupid, absurd shit like that, right?

    OMG THEY KNEW THE COFFEE WAS HOT AND PEOPLE COULD BE BURNED!
    --
    Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
  193. Shouldn't Yahoo need a court order to remove pics? by geekee · · Score: 1

    Although the ex was pretending to be someone else, it was still his account. Yahoo shouldn't just shut down someone's account based on the word of another person. She should have gotten a court order to shut down the account.

    --
    Vote for Pedro
  194. more info by new+slash-dotter · · Score: 1

    you can see pics of her at work here: http://www.royalcommercial.com/ and here http://www.royalcommercial.com/contact.html Looks as though the hair matches the hair of the women with the dog... For some reason, I can access the ccb4play yahoo profile in 1 window, but not in any others. Has a pic of her bare chest.

  195. lawandhelp.com, huh by jbellis · · Score: 2, Insightful

    I'm quite sure that these fine upstanding "Cleveland and Columbus, Ohio, medical malpractice, wrongful death, auto accident and personal injury attorneys and lawyers dedicated to vigorously representing the injured" don't have an axe to grind.

  196. Re:How she could have gotten Yahoo to act much fas by Skapare · · Score: 1

    Oh, you mean the lawyer with the 89 IQ that said not to worry about non-corporations complaining about Yahoo being a vehicle for privacy invasions? My post was really meant as a funny. Of course in reality they would have seen through the letterhead ruse. But the basis of it being funny is that if it really were a copyright or trademark infringement, I bet they really would have done a takedown in less than 24 hours. But let it be a non-corporation, which they perhaps assumed would not sue (which obviously comes to pass as a wrong assumption), then don't bother to check to see what is going on.

    --
    now we need to go OSS in diesel cars
  197. Re:Jenna Lewis Survivor by Anonymous Coward · · Score: 0

    I'm a Survivor fan, and I heard there was a Jenna Lewis porn tape of her wedding night. Any idea about the story behind this tape, was it released with her consent, or is this another case of an ex causing trouble?

  198. GRAMMAR ALERT by Max+Threshold · · Score: 1
    "So why doesn't she sue her ex-boyfriend whom posted this information without her consent?"

    Stop trying to sound smart.

  199. Re:omg where r the pics!?111one a/s/l by Anonymous Coward · · Score: 0

    I don't think morality has ANYTHING to do with what she does or doesn't do in her bedroom.

    An argument I try all the time on my girlfriend. ;)

  200. Re:Don't get your facts about lawsuits from lawyer by Anonymous Coward · · Score: 0

    You mean the way that I'm laughing at you right now?

    You are a moron.

  201. Burger King does it too! by Fugozma · · Score: 1

    This is a little off topic, but really happened to me one time at a Burger King... I pulled into the drivethrough at a Burger King in Jackson, Mississippi at the end of Countyline road. I specifically remember this location is/was right beside a Good Year tire store and a Radio Shack. Anywho, I was very tired from working a long day and pulled through the drivethrough and place my order for a cheeseburger and other associated garbage food. I remember that I was exceptionally hungery and eager to bite into that flamekist beef. Usually I would have it my way and customize the burger, but in light of my extreme hunger, I chose the default build of the burger. I pulled up to the first window and handed off my money and collected my change from an extremly intelligent lifeform before moving ahead to the next window. After pulling up to the window to collect my meal, I noticed how warm the bag was and could smell the charred beef smell from the window. Oh how yummy this is going to be! Pulling away from the window, I thrust my right hand inside the paper bag and pull the wrapped delicacy from the bag. I roll the car forward to the exit and unwrap one side. The burger is warm and must have come right off the grill! Pulling into the road I shove approximately 25% of the burger into my mouth and bite down, immediately scalding the roof of my mouth on a (boiling) hamburger sliced pickle. To sum it all up: I was pissed! Apparently the dumbass mirowaved my burger and I went inside and cussed some Burger King employees out; however, I didn't ligtigate. Maybe I am the real dumbass.