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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)."

30 of 670 comments (clear)

  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 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!"
    2. 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!"
    3. 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.

    4. 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.
    5. 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.
    6. 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.

    7. 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.

  2. 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 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.

    3. 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.

  3. 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?

  4. 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: 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.

  5. 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. ;)

  6. 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.
  7. 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?

  8. Well I guess the real question is... by kmartshopper · · Score: 2, Insightful

    ... is she hot?

  9. 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.

  10. 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
  11. 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.
  12. 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.
  13. 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.
  14. 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?

  15. 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.

  16. 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).

  17. 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
  18. 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.