Sounds like you were pretty careless. |
Seriously study law. You do not understand privacy law, especially how it works with data. Unfortunately, there are many laws that are "disgusting"... like freedom of speech if you don't like what the person says. |
Exactly, in some states it is illegal and in some states it is not. Do you even know what country your data is stored, your emails, your naked pictures? What are the laws in that country? If you data is in China... well... like Google, you have no right to privacy. Hello people! |
Way to move those goalposts! We're not talking about whether or not laws were violated, although I'm pretty sure it's illegal to hack into someone's password protected account and steal their shit. But again, that's not the issue. The issue is whether a woman should still be entitled to determine who looks at her naked body, even if she takes nude photos for her own personal, private use. |
sing it! Totally agree |
I am a woman, I don't post nudes to my cloud because I also belive they could be hacked. I believe she should have known better. That mean you think that has something to do with my views on womens sexuality? I don't see a connection |
If she shows or gives the photo to somebody else the law says NO. She has given up her right to privacy. So if she takes a picture and sends it to her boyfriend she has NO right to privacy. Did I look at the pictures, NO ... because I my moral compass is very strict but I don't define other people's moral compass.... besides I don't find the naked body all that mysterious. It's a naked body, okay, she has boobs. Hooray! |
About what was she careless? She did something private and put it in what is considered a reasonably secure place. She took reasonable precautions to protect herself. Someone had to commit a crime to publish those pictures - it was not her choice and they were only published because of their sexual nature. How is that situation different from an upskirt picture or catcalls? |
Hacking happens all the time. So your saying because it should not don't need try to protect ourselves against it? Why would apple specifically say they could not protect against it then? |
+1- eloquent and exactly the issue the issue is NOT about being smart with one's storage online! |
You are stupid if you don't know by now that material stored in your home can be stolen. If you keep stuff in your home, you are responsible if someone steals it. You are stupid if you don't know by now that your wallet can be stolen. If you keep money in your wallet, you are responsible if someone steals it. You are stupid if you don't know by now that banks can be robbed. If you put money in a bank account, you are responsible if someone steals it. You are stupid if you don't know by now that hackers can steal online information. If you have a bank account with online access or a credit card that you use for online purposes or an email account that you use to send personal mail to friends and family, you are responsible if someone hacks the account and steals your money or personal information. Do you see how stupid this argument sounds in any other context? |
There are a couple of different legal issues mixed up in your post. First, she saved the pictures in a location that advertises itself as secure, and that she reasonably believed was a safe place to store such things. The fact that the fine print of Apple's terms of use says that they are not legally liable if a third party breaks in and steals the stuff that is stored there is simply a function of contract law, not an abdication of any responsibility on their part. The language in the Apple terms of use basically says that as long as Apple made reasonable efforts to protect her stuff, she can't sue them for failing to protect it. As discussed above, more than likely your agreement with your bank says that you can't sue them if they get robbed, but you put your money there anyway. Your money is insured up to a certain amount, and that's all you'll get. Every contract you sign or terms of use you accept has similar limitations of liability in them to protect the business you're contracting with. Like a bank, Apple works very hard on their security and has teams of people dedicated to keeping the stuff stored there safe. Theoretically, Jennifer Lawrence could sue the thieves and any website posting the pictures and anyone emailing the pictures around for copyright violations. That would be an incredibly expensive game of whack-a-mole that would, at best, result in some of the pictures being taken down and the possibility that she might collect some monetary damages, but that doesn't change what was done to her. Imagine that you wrote explicit, very kinky sexual fantasies in your diary. You keep the diary in your safe deposit box at your bank. Someone breaks into your bank, steals the diary and publishes your sexual fantasies online under your name. They become the next viral meme and get posted all over the world. You are horribly embarrassed and are forced to wonder who among your neighbors, family, friends, business contacts, etc. has read them, shared them, etc. Here's a selection from a Safe Deposit Box Lease Agreement from a bank:
The whole internet comes alive with people talking about how careless you were and how you should recognize your responsibility for the fact that those fantasies were disclosed to the public. Do you think making a claim of copyright infringement against all of the sites where your fantasies are posted will help? How is that situation different? |
Copyright belongs to the person that took the picture. So if it was a selfie, maybe, but if somebody else took the picture Jenn can't claim a copyright violation. |
Important stuff in my home: I have insurance Wallet: remember traveler's checks, yes you are stupid if you carry lots of cash banks: FDIC Online: Use a credit card, it is protected, Debit cards are not. Be responsible people. |
My point was a response to the person who wrote this -
As you correctly note, it's possible that she might not have any recourse under copyright law. But the real point is that, at best, copyright law would enable her to send takedown notices and get monetary damages, but it can't make the pictures unseen and isn't really a tool designed to deal with this issue. |