Is this a cause for concern for sites like Lush that image host?

14 May 2013

“Revenge porn” suit targets generic porn sites, Web hosts

It's a sad fact but some individuals on the net aren't happy enough with using a picture of a paid model for their avatar, some people go to so-called "revenge" sites where amateur generated porn is spread across the net. Whether this is done with the knowledge or consent or the people in the images is unknown but the article above outlines the current developments in legal action against such websites.

Could this lead to Lush cracking down on what appears to be user-generated images and videos?

Warning: The opinions above are those of an anonymous individual on the internet. They are opinions, unless they're facts. They may be ill-informed, out of touch with reality or just plain stupid. They may contain traces of irony. If reading these opinions causes you to be become outraged or you start displaying the symptoms of outrage, stop reading them immediately. If symptoms persist, consult a psychiatrist.

Why not read some stories instead

NEW! Want a quick read for your coffee break? Why not try this... Flash Erotica: Scrubber

14 May 2013

Interesting point.

I'm not sure how it would apply to a site like Lush as it doesn't really fall into the same category as something like xhampster.
There are a number of points made about the liability of image use in the T&C's as well.

As long as the image isn't depicting anything illegal in nature, and you either own the copyright, or have permission to publish it.

http://www.lushstories.com/help.aspx

If you are not the image owner, you must have a legal right from the copyright owner to post any images.

http://www.lushstories.com/terms.aspx#imageposting

Could you argue the boyfriend held the image copyright as he took the photos? dontknow

Anything that did crop up relating to 'Revenge Porn' could always be removed. The instantaneous 'I'm going to sue you!' attitude of this case would be totally over the top in my opinion but for one fact:

"...began publishing pornographic photographs and video of the plaintiff as well as plaintiff's name, occupation, details about her schedule, and other personal and private facts about the plaintiff on various websites."

A simple takedown request would ordinarily be enough to have any offending images removed.

@Lizerotica

15 May 2013

The problem I see is that the treatment in the law is moving away from copyright infringement and on to indecency. Who owns the image is immaterial, the content and how it's used is the issue. I don't see this as an intellectual property case, it's more similar to a defamation case.

With copyright infringement a simple "cease and desist" is usually fine but now if an offending image was ever there you could be in danger of legal action.

Warning: The opinions above are those of an anonymous individual on the internet. They are opinions, unless they're facts. They may be ill-informed, out of touch with reality or just plain stupid. They may contain traces of irony. If reading these opinions causes you to be become outraged or you start displaying the symptoms of outrage, stop reading them immediately. If symptoms persist, consult a psychiatrist.

Why not read some stories instead

NEW! Want a quick read for your coffee break? Why not try this... Flash Erotica: Scrubber

16 May 2013

The person who uploads the image is responsible, not the site owner. If you post pics of your ex, for example, then it is YOU who will be answerable to the law, not us.