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

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  • 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%
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Thread: Should revenge porn web sites be made illegal?

  1. #61
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    Re: Should revenge porn web sites be made illegal?

    If someone gives another person nude photographs, it does not give them the right to share it with the public, unless a disclaimer was signed by the person who shared the photograph. This isn't limited to the digital domain, you can easily scan a regular photograph and turn it digital. The DMCA (Digital Millennium Copyright Act) and the regular Copyright act (for non-digital photos) protect the person who originally took the photograph, even if they have not filed for copyright protection.

    Putting a photograph on the internet that someone else gives you is a violation of copyright. You can be sued to the fullest extend of the law. If you don't believe me, go to a professional photographer and get some photos done. Now, take those prints to a place that provide a professional photo duplicating service and they will not process those photos because the photographer that took your picture owns the copyright. You can only get prints through that photographer.

    I am well versed in copyright law. I have several copyrights that I filed for and own. This is not a first amendment rights issue, this is a copyright infringement issue. Huge difference.
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    Re: Should revenge porn web sites be made illegal?

    Freedom of speech doesn't apply to defamation and libel. Posting nude pictures of someone without their consent can have a very tangible negative effect on their employment prospects, etc. It's pretty open and shut. The website could easily be sued, as such cases have been successfully prosecuted in the past.

    Quote Originally Posted by Surtr View Post
    Weak argument.

  3. #63
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    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Peter Grimm View Post
    Freedom of speech doesn't apply to defamation and libel. Posting nude pictures of someone without their consent can have a very tangible negative effect on their employment prospects, etc. It's pretty open and shut. The website could easily be sued, as such cases have been successfully prosecuted in the past.
    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.

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    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by Luna Tick View Post
    However, most people agree with me.
    WTF? Who? Where?
    With what exactly?



    Quote Originally Posted by Luna Tick View Post
    It's also subjective judgement that pedophiles are scum, and most agree that they are.
    Doesn't make them right. And objectively, they are wrong.
    And since objectivity is what matters. Their subjectivity does not.




    Quote Originally Posted by Luna Tick View Post
    Nonsense. That's not how copyright law works. I work as a photographer and therefore am well versed in digital copyright. Even without any written contract, an image belongs to the person who took the picture. Most of these images were taken by the nude person herself.
    Wrong. If she had given it away, it is a gift to do with as one pleases.
    If there is any prior understanding, that goes to Contract.



    Quote Originally Posted by Luna Tick View Post
    Often they're sent with text to the effect of "for your eyes only."
    Contractual language.
    And my understanding is that "most often", they are not.


    Quote Originally Posted by Luna Tick View Post
    I was in a relationship in which the guy asked me to sext him a picture. He assured me I could trust him and that he would never show the photos to anyone else. Fortunately, I refused. We had a nasty breakup a few months later and he hated me so much that he vandalized my car. Imagine what he would have done if he had had nude photos of me. I'm very, very glad I didn't sext him any. If I had, the copyright would have belonged to me, but I'd doubt he would have cared about that law.
    No. Only if there is a meeting of the minds.
    If you took the picture specifically for him and gave it to him without any understanding, it is a gift to do with as he pleases.
    The person becomes the owner when you give it to them.


    And as for Copyright law.
    No enforceable breach unless it is registered.


    Do I have to register with your office to be protected?
    No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

    U.S. Copyright Office - Copyright in General (FAQ)


    Quote Originally Posted by Luna Tick View Post
    Other photos on the site were taken in secret via hidden cameras. That's a severe violation of privacy. If it's not illegal, it should be.
    Total secretive recording. Don't know if that was on the site. Got a link for that?

    Still, the responsibility goes to the up-loader.
    Many could say that they were secretly recorded when they actually weren't.
    Prove it, should be the default position. Not just assuming that it was secretly recorded.
    In the least, they should have to make a demonstration that it most likely was.

    My understanding was that people were uploading pics of the underage.
    That was a problem that he had to deal with, and why he shut it down.




    Quote Originally Posted by Luna Tick View Post
    Uh ... no. He created the web site. He's responsible for the consequences of its existence. If one of the users of his site violates copyright law, he has a duty to remove the offending material.
    There was no shirking of responsibility.
    He removed that which he was required to remove. The underage photos.



    Quote Originally Posted by Luna Tick View Post
    Actually, yes. The "lawyer" page is actually on the same site. They didn't even bother to set up a fake lawyer URL.
    iLOL

    That was a request for actual evidence of such. Not just your word.



    Quote Originally Posted by Luna Tick View Post
    First, not all the photos were freely given. Some were the result of hidden cameras. Second, those that were freely given are owned by the woman or man who took the photo of themself. That's how copyright law works. You take a photo. You own it. No contract is necessary for that law to be in effect.
    Simply wrong. You own it until you give it away as a gift, sell it, trade it, etc...
    If it was given to them, it is theirs to do with as they please.
    There may be other laws such as State law that cover such, but it is not Copyright law. It is Contractual law.




    Quote Originally Posted by Luna Tick View Post
    Bad breakups are a part of life. They hurt, I know. I've been there. However, the fact that your feelings are hurt does not give you the legal right to violate copyright law. And ethically, it shows your character as a person if you choose to take revenge against someone you once loved instead of moving on and working to make your life better.
    There has been no shown violation of any Copyright law.
    And all the photos that were freely given without any prohibitive or restrictive language, such as "for your eyes only", are not violations.

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    Re: Should revenge porn web sites be made illegal?

    You're right in a way. So your first action would be to send a cease and desist letter to the owner of the website asking them to remove the content. If they refuse or are unresponsive, you do have grounds to sue.

    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.

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    Re: Should revenge porn web sites be made illegal?

    It's a violation of privacy. Should it be okay for a vengeful ex to paper the neighborhood with naked photos? Would it be okay for the local news to publish the naked photo? Would it be okay to publish or upload any nude or embarrassing photo/video without the subject's permission? If you said "yes", you'd be wrong.

    It doesn't matter if the individual posed for the photograph or it was taken without his/her knowledge, there are statutes preventing the unauthorized use of one's image, the only exception being certain celebrities whose careers depend upon published photos, either posed or candid. Even then, nude or sexual photos/video even of celebrities cannot be legally published without consent, as civil lawsuits (along with hefty settlements) can attest.

    For the every-day average citizen, the unauthorized use statutes are much stricter, much harsher, and subject to certain constitutional privacy protections.

    Those who are holier-than-thou in the "if you let someone snap a naked pic, you are basically a slut/manwhore who deserve what you get" category need to step back into the real world, where spouses and lovers share intimacies that are meant for them and them alone. For example, when I was in my 30's my husband took a few topless pictures of me sunning in the backyard. Does that give him the right to scan and upload those photos to the internet for my professional colleagues, my children and grandchildren to see because he gets pissed off that his tuna casserole is cold? Hell, no it doesn't.

    When our right of personal privacy is violated without consequence, when we no longer have control over the use and distribution of our own image, imagine the potential consequences. What I'm hearing in some posts is a sense of "the slut/manwhore deserved it" because she/he shared an intimate moment with a loved one and was betrayed. That's not really a message I'd like our society as a whole to send. Not only should it be illegal, it is illegal.

  7. #67
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    Re: Should revenge porn web sites be made illegal?

    I wouldn't go after the website owner, I would go after the person who had the revealing pictures of me that uploaded them. However, I can't imagine any reputable website not having a TOS that a person who uploads said pictures has to agree to, to protect the website from lawsuit. Of course, this doesn't sound like a typical reputable website.
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    Re: Should revenge porn web sites be made illegal?

    I don't work in the mental health field but I'd be stunned if this guy didn't qualify for some level of psychopathy. If the law can't protect us from people like him then it has truly failed.

    And the argument about everyone being able to be sued or prosecuted for what people write on their sites is a giant red herring. The persecution of people is the point of Moore's website.

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    Re: Should revenge porn web sites be made illegal?

    my issue with this is, then all we'd have to do is label a website 'revenge p0rn here!' to shut it down. that's like, as another poster said in another thread, 'get a restraining order on someone to negate the 2nd amendment'. just a roundabout way to curb liberty, in my view. target the incidents individually, no blanket bans!

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    Re: Should revenge porn web sites be made illegal?

    Quote Originally Posted by DiAnna View Post
    It's a violation of privacy. Should it be okay for a vengeful ex to paper the neighborhood with naked photos? Would it be okay for the local news to publish the naked photo? Would it be okay to publish or upload any nude or embarrassing photo/video without the subject's permission? If you said "yes", you'd be wrong.

    It doesn't matter if the individual posed for the photograph or it was taken without his/her knowledge, there are statutes preventing the unauthorized use of one's image, the only exception being certain celebrities whose careers depend upon published photos, either posed or candid. Even then, nude or sexual photos/video even of celebrities cannot be legally published without consent, as civil lawsuits (along with hefty settlements) can attest.

    For the every-day average citizen, the unauthorized use statutes are much stricter, much harsher, and subject to certain constitutional privacy protections.

    Those who are holier-than-thou in the "if you let someone snap a naked pic, you are basically a slut/manwhore who deserve what you get" category need to step back into the real world, where spouses and lovers share intimacies that are meant for them and them alone. For example, when I was in my 30's my husband took a few topless pictures of me sunning in the backyard. Does that give him the right to scan and upload those photos to the internet for my professional colleagues, my children and grandchildren to see because he gets pissed off that his tuna casserole is cold? Hell, no it doesn't.

    When our right of personal privacy is violated without consequence, when we no longer have control over the use and distribution of our own image, imagine the potential consequences. What I'm hearing in some posts is a sense of "the slut/manwhore deserved it" because she/he shared an intimate moment with a loved one and was betrayed. That's not really a message I'd like our society as a whole to send. Not only should it be illegal, it is illegal.
    Correct me if I am wrong but inorder to publish someones picture dont you have to have some sort of release on file? Or is this situation in some quasi murky area of the law?
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