Reply to Jennifer Lawrence's comments regarding nude photos

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[quote=FruminousBandersnatch][quote=Anonymous][quote=FruminousBandersnatch][quote=Anonymous][quote=FruminousBandersnatch][quote=Anonymous]
I don't like women not being responsible for their own decisions. Im a woman and thats how I see it. 
You are stupid if you don't know by now that material on phones and in clouds can be hacked. She has responsibility for her actions in this matter, the Apple service agreement even warns about it.[/quote]

So by your logic a woman who wears some sexy underwear or goes commando because it turns her on or she's doing it for her lover who gets upskirted is guilty because there has been lots of publicity about creeps who take upskirt pictures and post them on the net.

And a woman who gets on a crowded subway and gets groped is responsible because we all know that happens on subways and she put herself in a position where it could happen.

And a woman who walks past a construction site is responsible for the catcalls she receives because we all know about the stereotype of construction workers who do that.

Etc., etc.

Where on that slippery slope would you propose that we stop and accept that the woman is not at fault?[/quote]

Who said anything about fault. I believe it was about accepting responsibility for being careless. 
Seeing a nude of a person is not the same as sexual assault. As I womn who has been rapped I find your assertion disturbing.[/quote]

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?[/quote]
Resonable privacy.....when the company clearly states it cant not accept liability for hacking, I guess the diference is in what you think reasonable is. Publishing internet images is a copyright thing you would need legal advise on that.[/quote]

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:

[quote][b]Our Duty [/b]Our duty is to use reasonable care to prevent anyone from opening the box other than you or your appointed deputy (agent) or court appointed representative, except as we may otherwise be required or permitted by law.
...
[b]Liability[/b] Although your safe deposit box is designed to be fire- and water-resistant and burglar-resistant, we do not guarantee absolute safety nor are we liable for any contents that are claimed to be lost. Except for the duty specifically stated above, we have no liability for any damage to the contents of your box [b][I][u]even if the damage resulted from our negligence[/b][/I][/u]. (emphasis added) [/quote]

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? [/quote]

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