View Poll Results: Should revenge porn web sites be made illegal?

Voters
67. You may not vote on this poll
  • Yes, make them illegal. They're harassment, not protected free speech

    32 47.76%
  • No, they should be legal. They're in bad taste, but they're legal.

    35 52.24%
Page 12 of 14 FirstFirst ... 21011121314 LastLast
Results 111 to 120 of 135

Thread: Should revenge porn web sites be made illegal?

  1. #111
    Professor
    Luna Tick's Avatar
    Join Date
    Jan 2010
    Location
    Nebraska
    Last Seen
    04-05-13 @ 05:48 PM
    Gender
    Lean
    Undisclosed
    Posts
    2,148

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Blackdog View Post
    The person who received the picture or person who took the picture is the owner unless illegally obtained. I think someone filming you in secret should be treated as a criminal act. However if you let someone take the picture or sent it to someone other than your own media, then you no longer own it.
    The person who took the picture owns it. Period. That's how the law works. Most of the photos are camera phone photos that a woman took of herself in the mirror. She still owns that photo, and her act of sending it electronically to her boyfriend doesn't change that. It was a foolish choice for her to make, but it doesn't change her copyright ownership of the photo. In a few cases, the boyfriend may have taken the photo himself. In those cases, he actually does own it. There are other laws such as the "right to control your likeness." If a photographer took an ordinary person's photo who was walking down the street, he cannot turn around and sell it to Coors Beer company for use in their advertising campaign without a model release from that person. This is true, even though the photographer owns the copyright. For a celebrity, it's different. If you happen to catch Lindsay Lohan topless sunbathing on a beach in Maui, you can photograph her and sell your photos to a tabloid without being legally in trouble.

    I'm honestly not sure if the "right to control your likeness" laws apply here to the photos where the woman allowed herself to be photographed. I'd have to ask my attorney. They might not because the boyfriend wasn't making any money -- or they might because the site owner was. However, in the cases where they took their own photos, copyright laws definitely apply. At the very least, the site owner should be compelled to take any of those photos down per request of the copyright owner.

    Quote Originally Posted by Surtr View Post
    The freedom of speech isn't limited to politics, and never was. As long as it isn't untrue (libel, slander, and defamation), incites violent or destructive acts, an act of treason, or terroristic in nature, it shouldn't be illegal. By banning things people don't like, just because it's offensive in nature, we put a foot in the door that allows other acts deemed "offensive" to be banned.
    Freedom of speech also doesn't include stealing intellectual property.

  2. #112
    King Of The Dog Pound
    Black Dog's Avatar
    Join Date
    Dec 2008
    Location
    South Florida
    Last Seen
    @
    Gender
    Lean
    Centrist
    Posts
    34,515

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Cardinal View Post
    No it's not. Don't be ridiculous.

    The victims of Moore's website in no way chose to participate in his pointlessly cruel abomination. This is the classic case of blaming the victim, and you should be ashamed of yourself for siding to any extent with a psychopath.
    This is what I responded to...

    There definitely appears to be a common behavioral trait between those who say "Those who don't want their boobies online shouldn't let pictures be taken of them" and "Don't want your home to be destroyed by a hurricane/earthquake/fire/Mayan death-god? Don't move there!" Either way it's a cold and morally bankrupt position to take. - http://www.debatepolitics.com/polls/...post1061105346

    Which is a blatant appeal to ridicule, then you followed it up with a strawman and ad hominem in the response to me quoted here.

    Your response has nothing at all to do with what I said or pointed out about your useless post.
    Last edited by Black Dog; 11-05-12 at 02:56 PM.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  3. #113
    versus the world
    Surtr's Avatar
    Join Date
    Jul 2011
    Location
    The greatest planet in the world.
    Last Seen
    06-10-14 @ 03:54 AM
    Gender
    Lean
    Other
    Posts
    7,017

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Luna Tick View Post
    Freedom of speech also doesn't include stealing intellectual property.

    This isn't an issue of intellectual property, either, since a photograph is a tangible asset.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

  4. #114
    King Of The Dog Pound
    Black Dog's Avatar
    Join Date
    Dec 2008
    Location
    South Florida
    Last Seen
    @
    Gender
    Lean
    Centrist
    Posts
    34,515

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Luna Tick View Post
    The person who took the picture owns it. Period. That's how the law works. Most of the photos are camera phone photos that a woman took of herself in the mirror. She still owns that photo, and her act of sending it electronically to her boyfriend doesn't change that. It was a foolish choice for her to make, but it doesn't change her copyright ownership of the photo. In a few cases, the boyfriend may have taken the photo himself. In those cases, he actually does own it. There are other laws such as the "right to control your likeness." If a photographer took an ordinary person's photo who was walking down the street, he cannot turn around and sell it to Coors Beer company for use in their advertising campaign without a model release from that person. This is true, even though the photographer owns the copyright. For a celebrity, it's different. If you happen to catch Lindsay Lohan topless sunbathing on a beach in Maui, you can photograph her and sell your photos to a tabloid without being legally in trouble.

    I'm honestly not sure if the "right to control your likeness" laws apply here to the photos where the woman allowed herself to be photographed. I'd have to ask my attorney. They might not because the boyfriend wasn't making any money -- or they might because the site owner was. However, in the cases where they took their own photos, copyright laws definitely apply. At the very least, the site owner should be compelled to take any of those photos down per request of the copyright owner.

    Freedom of speech also doesn't include stealing intellectual property.
    If the person uploading the photo was given the picture or legally took the picture and is making no money on uploading it, they are not doing anything illegal, period.

    Freedom of speech does have limitations, but trying to pass laws based on an over emotional subject is always a disaster.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  5. #115
    King Conspiratard
    Dr. Chuckles's Avatar
    Join Date
    Nov 2011
    Last Seen
    02-13-14 @ 03:04 PM
    Lean
    Slightly Conservative
    Posts
    12,895

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Surtr View Post
    As long as it isn't untrue (libel, slander, and defamation), incites violent or destructive acts
    uh, the entire basis of those exceptions is the fact that random, damaging lies about individuals don't hold political or social value, and is why public figures have a more difficult time pursuing such cases.

    nothing I am writing here is controversial in the least. It's very well established precedence

  6. #116
    Professor
    Luna Tick's Avatar
    Join Date
    Jan 2010
    Location
    Nebraska
    Last Seen
    04-05-13 @ 05:48 PM
    Gender
    Lean
    Undisclosed
    Posts
    2,148

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Surtr View Post
    This isn't an issue of intellectual property, either, since a photograph is a tangible asset.
    A photograph is indeed intellectual property. I have a large portfolio of them that belong to me. I have the legal right to determine how they're used. No one has the right to upload them to web sites or to make billboards out of them or whatever without my consent.

    Quote Originally Posted by Blackdog View Post
    If the person uploading the photo was given the picture or legally took the picture and is making no money on uploading it, they are not doing anything illegal, period.

    Freedom of speech does have limitations, but trying to pass laws based on an over emotional subject is always a disaster.
    If he took the picture, you're probably right. If he was given the picture, you're not. If his girlfriend took her own picture, then she owns the copyright, end of story. Her giving him the photo doesn't invalidate her copyright any more than my showing proofs to my clients invalidates mine. She has the legal right to have it removed.

  7. #117
    versus the world
    Surtr's Avatar
    Join Date
    Jul 2011
    Location
    The greatest planet in the world.
    Last Seen
    06-10-14 @ 03:54 AM
    Gender
    Lean
    Other
    Posts
    7,017

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Dr. Chuckles View Post
    uh, the entire basis of those exceptions is the fact that random, damaging lies about individuals don't hold political or social value, and is why public figures have a more difficult time pursuing such cases.

    nothing I am writing here is controversial in the least. It's very well established precedence
    Defamation law, and laws that forbids incitements of violence exist because they cause tangible harm. Public officials have a difficult time pursuing defamation cases because of the Supreme Court case New York Times v Sullivan, which established that a criteria of actual malice must be met before proceeding. It has nothing to do with social or political value.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

  8. #118
    versus the world
    Surtr's Avatar
    Join Date
    Jul 2011
    Location
    The greatest planet in the world.
    Last Seen
    06-10-14 @ 03:54 AM
    Gender
    Lean
    Other
    Posts
    7,017

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Luna Tick View Post
    A photograph is indeed intellectual property. I have a large portfolio of them that belong to me. I have the legal right to determine how they're used. No one has the right to upload them to web sites or to make billboards out of them or whatever without my consent.
    Those are tangible assets as they are your physical property. As the holder of that property, you have full say over what can and cannot be done with them. Intellectual property laws protect intangible assets, such as copyrights, patents, trade secrets, and trademarks.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

  9. #119
    On Vacation
    joko104's Avatar
    Join Date
    Jan 2009
    Last Seen
    12-03-17 @ 03:32 AM
    Lean
    Undisclosed
    Posts
    31,568
    Blog Entries
    2

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by celticwar17 View Post
    The website shouldn't be sued but the actual person who put up the photos. In your logic Facebook could be sued because of some random person putting up a photo someone else didn't consent to.
    Yes, if Facebook was informed and/or who had the account was informed - and left it up - they should be sued. Absolutely.

  10. #120
    Professor
    Luna Tick's Avatar
    Join Date
    Jan 2010
    Location
    Nebraska
    Last Seen
    04-05-13 @ 05:48 PM
    Gender
    Lean
    Undisclosed
    Posts
    2,148

    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Surtr View Post
    Those are tangible assets as they are your physical property. As the holder of that property, you have full say over what can and cannot be done with them. Intellectual property laws protect intangible assets, such as copyrights, patents, trade secrets, and trademarks.
    My photos that I take with my Canon EOS 1D Mark IV and L lenses are of much higher quality than what someone takes with a camera phone. However, under the law they're seen as the same. Whether it's a good quality photo or a terrible one doesn't matter. It's owned by whoever took the photo. It doesn't have to be a professional photographer. It can be a college girl with a camera phone and she still owns it.

Page 12 of 14 FirstFirst ... 21011121314 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •