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German Court Orders Man To Destroy Naked Images of Ex-Partner (bbc.com)

AmiMoJo sends this report from the BBC: Germany's highest court has ordered a man to destroy intimate photos and videos of his ex-partner because they violate her right to privacy. The Federal Court said the man, a photographer, should no longer possess naked photos and sex tapes, even if he had no intention of sharing them. The woman had originally agreed to the images but this consent stopped when the relationship ended, the court said. Germany has some of the strictest privacy laws in Europe.

4 of 263 comments (clear)

  1. Are they all gone? Check the backups!! by tonyyeb · · Score: 5, Insightful

    How would the court ever know if he has fully complied with the order?!

  2. Re:Thats a ruling to keep the lawyers happy... by Anonymous Coward · · Score: 4, Insightful

    Yep. Consent this; intimate that... this ruling is going to come back to bite a lot of people in the ass. And just wait until they try figuring out what the burden of proof is for "destroy."

  3. Re:Seems pretty reasonable by TWX · · Score: 4, Insightful

    Why does a photographer need proof of commercial compensation in order for a work to have aesthetic value?

    If a work has aesthetic value and all participants at the time it was created agreed to its creation (arguably a form of verbal contract) then what gives any party, other than the photographer as the creator of the content, any special rights over the content? The subject might have rights to the content if used for public exhibition or commercial purposes, but I don't see any reason why the subject, if of legal age and in a position to consent to having an image taken, should have the right to revoke that consent at a later time such that it compels the artist in question to destroy their work.

    I will say this much, lots of people are bloody stupid and don't understand that they absolutely should not consent to having photos taken of them in the nude or in sexual congress unless they've fully considered both the ramifications of how they feel about those pictures potentially being seen by absolutely everyone and how this could impact their lives down the road, but that's the choice of the subject that willfully puts themselves into that position.

    --
    Do not look into laser with remaining eye.
  4. Re:I despise the so-called inclusive terms by Anonymous Coward · · Score: 2, Insightful

    Inclusivity isn't PC; it's generic. Or rather, it's not needlessly over-specific. If some fuckwit (e.g. you) were to write that he has to delete pictures of his ex-girlfriend, then some other fuckwit might then ask, "But this doesn't apply to ex-wives, right, since that was a different type of agreement?" or "This doesn't apply to ex-boyfriends, since dudes have different nudity standards," or other irrelevant bullshit.

    By being inclusive, you say the most. It's high-performance use of language. And if you're against performance, then you're not merely "anti-PC" but you're anti-nerd. You're a "linguistic luddite."

    The trick is inclusivity without loss of correctness. (e.g. "Person," though more inclusive than "partner," would be wrong.) This ties in with how you should write a scientific hypothesis. (Again, for maximum performance, rather than PCness.) You should make your falsifiable hypothesis as broad as you can, while still maintaining falsifiability (correctness). That way, as you test it, you get the most knowledge.

    If you don't understand this, then not only will you not make it as a judge/lawyer or a social commentator, but you won't make it as a scientist either. So you probably ought to drop the PC chip on your shoulder and start learning to become a less stupid person, and get over your fears that speaking non-stupidly will cause the other Idiocracy characters to say you "talk like a fag." Those idiots are missing 99% of the discussion, so it's not really surprising that their noise-polluted inferences go off in all sorts of weird random directions.