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Why You Should Never Lose Your Digital Media
Posted by
michael
on Mon Sep 20, 2004 12:03 AM
from the lost-and-found dept.
from the lost-and-found dept.
kkrista writes "What would you do if you found someone's digital media card from their camera in your taxi? One such individual has decided to provide the world with 227 days of entertainment. I Found Some Of Your Life will post a photo a day and accompanying fictional narrative for the next 227 days using the photos found on a digital media card left in a cab. Is it pure genius or pure evil? Who cares? Just be thankful they're not your photos."
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Why You Should Never Lose Your Digital Media
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Wait a minute (Score:5, Funny)
Re:You could always DMCA the bastard. (Score:5, Informative)
He might gain ownership of the storage device, but I doubt the content on it
Re:You could always DMCA the bastard. (Score:4, Informative)
Re:You could always DMCA the bastard. (Score:4, Insightful)
Thank you sir, may I have another photo published? (Score:4, Interesting)
(http://slash.syfer.net/)
One of "Jordan's" Slashdot-reading frat brothers (probably the goofy EE major who got in on a legacy bid) will spill the beans. I'd love to be a fly on the paddle-festooned wall for that moment.
What will happen next? The blogger has been careful to conceal his or her identity. What are the legal issues? Can the blog continue? Does the blogger face any liabilities?
If "Jordan" and his chums play it one way, they could be minor celebrities for a while--perhaps concealing their knowledge of the blog's existence to let the thing reach critical mass. Jordan could be the next Mahir! "I am Jordan! I high five you!"
On the other hand, they can probably bring terrible, expensive legal might to bear. What will blogspot do? What will become of America's new best-loved blog?
This little dramady is just beginning! heh
Re:Thank you sir, may I have another photo publish (Score:5, Insightful)
(http://www.metlin.org/ | Last Journal: Friday July 20, @01:58PM)
If you found someone's driver's wallet with their driver's license and credit cards, would you go ahead and impersonate them or steal their identity? It would be an identity theft - in some ways, I think that is exactly what this guy is doing.
I shudder to think what will happen if the real guy finds out. I for one know that if my pics were put up on the net - I would certainly get very mad, very pissed and would sue this guy to kingdom come.
Leave the fun and coolness part of it - it's just not quite right, it's unethical and wrong. I do not know about anybody else, but in my book what this guy is doing is simply wrong.
Re:Thank you sir, may I have another photo publish (Score:5, Insightful)
Re:Thank you sir, may I have another photo publish (Score:4, Insightful)
Re:Thank you sir, may I have another photo publish (Score:4, Insightful)
(http://myatomic.com/ | Last Journal: Sunday November 19 2006, @12:31AM)
But why do people think they deserve money for something like this?
Distributing copyrighted works without permission, especially unpublished copyrighted works straight out of a camera, can result in severe statutory damages.
Re:Thank you sir, may I have another photo publish (Score:5, Informative)
(http://www.wingedpower.com/ | Last Journal: Monday June 09 2003, @07:18PM)
Actually...
Having government registration allows you to have a more solid footing.
What is important in Copyright infringement cases is to prove intent. In this case, the poster KNEW the content was not their's to use and fully intended to post the content up.
The poster also decided to create fake events around the pictures. This can lead to slander/libel cases if the posted content results in mental anguish, loss of job, or other personal losses.
The quality of the pictures is not the point, the theft and misuse of the pictures is.
It would be very funny if the pictures actually belonged to a law student. *grins*
Re:Thank you sir, may I have another photo publish (Score:4, Informative)
Trademarks you have to continually enforce; copyrights you don't have to do a thing other than have created it. The © symbol is not necessary, its more of a reminder.
----
Comments by squigit, © 2004
Re:Thank you sir, may I have another photo publish (Score:4, Interesting)
(http://www.metlin.org/ | Last Journal: Friday July 20, @01:58PM)
It's not being greedy - for having done something like this, I'd like to see the other person suffer. The idea of sending a man to prison is not to make others feel happy - it's to make HIM feel bad and pay for his crime. Whether or not it works is a different issue, the idea is that you are punished for your actions.
Duh, I can't help it if you have an idea that taking a person to court is merely for my monetary benefit. That's YOUR flawed thinking, nowhere in my post did I suggest so. I merely said I'd sue this person for his wrongful act.
Is there anything in wanting to take a person to court because s/he posted my pics? And ofcourse, the brilliant Slashdot mods will moderate it down because nobody ever stops to think for a moment what the post really meant.
Sheesh.
Re:Thank you sir, may I have another photo publish (Score:5, Interesting)
Are you sure about that? I always thought the idea of punishments was to deter actual and potential offenders?
You'd like to see the other person suffer? That's rather small of you. Personally, I'd like to think that the intent of the law is to reduce suffering...
Re:Thank you sir, may I have another photo publish (Score:5, Insightful)
Wow, that's a statement. Too bad you weren't born in the 15th century, the Spanish Inquisition had a perfect job for you.
Re:Thank you sir, may I have another photo publish (Score:5, Funny)
(Last Journal: Monday February 27 2006, @09:54PM)
Because thats all people understand (Score:5, Insightful)
(Last Journal: Tuesday July 29 2003, @01:57PM)
Re:Thank you sir, may I have another photo publish (Score:4, Insightful)
(http://www.chuckivy.com/ | Last Journal: Wednesday February 19 2003, @04:30AM)
Re:Thank you sir, may I have another photo publish (Score:4, Insightful)
(http://www.geocities.com/tablizer | Last Journal: Saturday March 15 2003, @01:22PM)
Obviously you are not from California.
Re:Thank you sir, may I have another photo publish (Score:5, Funny)
(http://myspace.com/bdetweiler | Last Journal: Sunday February 20 2005, @01:44PM)
Well, a memory card for one.
Re:Thank you sir, may I have another photo publish (Score:5, Insightful)
I can understand being mad, wanting an apology, and wanting the blog aken down, and maybe criminal proceedings if any laws were broken. But why do people think they deserve money for something like this?
They deserve to ask for punitive damages [wikipedia.org] to punish and deter people from commiting these kinds of acts. And an extreme amount of public exposure can bring all sorts of problems like stalkers and death threats. There are a lot of loons out there that will target someone simply for being well-known publicly. Someone in that kind of a position will need security. Who is going to pay for it? If a person receiving a great deal of public exposure isn't someone like an actor who actually recieves an income relative to that exposure, then what financial recourse do they have to protect themself from the reprocussions?
What have they lost?
They have lost their privacy. Having pictures posted on the internet against one's will is an invasion of privacy, especially if it gets Slashdotted. Remember the Star Wars Kid [wikipedia.org]? He and his family weren't too happy about all that and took the parents of the kids that put his video on the net to court. They didn't want any part of the internt cult status the practical joke had given him and would have preferred not to have him humiliated with that kind of exposure.
Even if these photos are taken down by the poster, they could already have been copied and circulated around the net, just like the Star Wars Kid. And just because you're not doing anything wrong in a photo doesn't mean your privacy should be left to others to toy with and take away. Isn't privacy a fundamental right?
Mental suffering?
Something like this can indeed cause mental suffering. Have you ever heard of social phobia [wikipedia.org]? It is a very real anxiety disorder, and someone with such a condition could be severely traumatised if they had their privacy invaded with all the internet as an audience, even if the photos were innocuous.
What if a photo of yourself in an embarassing situation had been circulated on the net without your consent? A practical joke between friends is one thing, but letting a worldwide audience through the internet see it is another and can cause extreme humiliation and mental suffering.
Re:Thank you sir, may I have another photo publish (Score:4, Insightful)
(http://simon.oconnorlamb.com/)
No, and neither is this guy... he has there, for all to see, the disclaimer that this is all 'MADE UP', that what is being said is not the truth.
It's almost as if the card was meant to be left there, what with exactly one year of photos on it... almost like it was an arts project.
Or not.
It is amusing though... and from what I've seen, there's nothing there to be really worried about if they were your photos. Plus, he's now got them on the net in a professional manner for his friends to see. (and it's not like he could get off his arse to do so himself if there was a year's worth of shots on there)
Re:Thank you sir, may I have another photo publish (Score:4, Interesting)
Re:Thank you sir, may I have another photo publish (Score:5, Informative)
(http://randomfoo.net/ | Last Journal: Monday March 18 2002, @11:26PM)
If you read this comment [blogspot.com], you'll see that someone already found one of the people in the photo a while ago. The conclusion of the discussion at the time was that the participants should be allowed to 'discover for themselves.'
Hopefully the meta-drama will half as fun as the blog so far :)
(Yeah, it's pretty wrong. But hilarious.)
Re:Thank you sir, may I have another photo publish (Score:4, Informative)
(http://www.ualberta.ca/~jdefoe)
First a picture from "I Found Some of Your Life"
Dianne [blogger.com]
Now a picture from KappaDelta
Lindsey [vanderbilt.edu]
That's basically the comment that got deleted.
And those are the same person!
Re:Thank you sir, may I have another photo publish (Score:5, Interesting)
Ummmm, how many taxi drivers do you know at all? I have a good friend who's a Taxi driver and he's very intelligent; just not motivated enough to do something else for a living. Among his colleagues there are quite a few very intelligent guys, who have various reasons for driving a taxi: Some are students (it's perfect for the flexible hours), at least 2 I've met are even PhD's in purely academic fields (i.e. no big job opportunities); one was like a PhD in Music Theory or something and plays in a Folk Music group, which isn't lucrative enough to make a living, but he loves it. Okay, this is in Germany, but I think this applies elsewhere too.
-chris
Quoth I Southpark (Score:3, Funny)
I'm jealous (Score:5, Funny)
(http://slashdot.org/)
Day 1: This is wrinkledshirt on Slashdot.
Day 2: This is wrinkledshirt on Slashdot.
Day 3: This is wrinkledshirt cursing spymac mail.
Day 4: This is wrinkledshirt cursing Slashdot for not posting his spymac submission.
Day 5: This is wrinkledshirt on Slashdot.
And so on...
I love sites like these (Score:5, Interesting)
(http://infaux.net/ | Last Journal: Thursday September 01 2005, @02:08PM)
http://www.spillway.com/ is still the king of "found photos on the Internet."
RSS Feed (Score:5, Informative)
(http://xaxxon.slackworks.com/)
Just click on the lightning bolt in the bottom left corner of the browser. It's really neat
Sorry to all of those who have been using RSS feeds forever.. I just got hooked
Keep in mind (Score:5, Insightful)
(http://home.primus.ca/~ronsharp/tororg.html)
Re:Keep in mind (Score:4, Insightful)
(http://www.nixnuts.net/ | Last Journal: Monday November 01 2004, @01:43PM)
Either (a) it's a hoax, or (b) the author doesn't realize this is a lawsuit waiting to happen.
Re:Keep in mind (Score:4, Interesting)
(http://www.barzelay.net/)
Actually, I know some of the guys in the pictures. They're frat boys from Vanderbilt, my school. I am privileged enough to have gotten drunk on their beer freshman year.
In any case, I happen to know that they are nowhere near smart enough or geeky enough to create a blog out of their pictures, let alone do so as a hoax.
Heh. (Score:4, Funny)
> Just be thankful they're not your photos.
Fortunately he didn't find the card with pix of his wife.
Presumed copyright (Score:4, Insightful)
Indeed. (Score:5, Funny)
(http://www.artcrime.com/ktakki/ | Last Journal: Thursday April 26 2007, @11:12PM)
I wholeheartedly agree.
Regards,
Arthur Goatse.cx, Sr.
Damm Proctologist (Score:5, Funny)
Regards,
Arthur Goatse.cx, Sr
Kappa Delta (Score:3, Interesting)
google: Kappa Delta [google.com]
Actually it's purely illegal (Score:5, Insightful)
However this is also a case of copyright infringement. Works are automatically copyright to you upon creation, no registration is required. So these photos are the copyright of whomever shot them. To post them on the Internet without their permission is infringement.
If I was the person who this happened to, I'd go after the blogger with a vengence. Instead of being a good citizen and either handing it over to the police or trying to track me down and instead of just being neutral, and leaving it, they decided to be malicious.
Personally, I hope they go to jail.
What about model releases? (Score:5, Insightful)
(http://slashdot.org/ | Last Journal: Friday November 18 2005, @06:15PM)
Re:That's a little more grey. (Score:5, Insightful)
(http://www.lib.ru/)
They may be posing, but not for you. They have a very strong case against the blogger.
Additionally, most of the pictures are in public. There probably isn't a whole lot of expectation that your picture won't be taken/distributed if you're posing for a picture in public.
There is a very reasonable expectation if you don't see any unauthorized photographer close to you. We are not talking about spy cameras here, these are decent quality pictures taken either on private property, or with flash in darkness.
Re:What about model releases? (Score:5, Informative)
Re:Actually it's purely illegal (Score:5, Insightful)
Secondly, the copyright infringement case would be difficult to make. Granted he is infringing on someone else's copyright, but he is not doing it for financial gain. I don't even see ads on the page (aside from a blogger banner at the top). Also how would somebody assess the value of these pictures. Criminal offenses for copyright infringement don't occur until the infringer has caused a significant amount of financial damage (a few hundred thousand dollars IIRC). I would be hard pressed to believe these pictures are worth that much.
If I was the person who lost the card, and I found out about the site, and if I were angry about it, I'd get a cease and desist letter sent and prove that I was the owner of the card. It's likely the blogger would close the page and return the card. The end result of this is the guy who lost his card would get it back, and the site would go down if the owner chose to do so. This would not happen if the site was not getting this much publicity, and may infact become the best chance for the owner to get his card back, along with some measure of internet immortality.
Personally, I hope the owner of the card gets it back and doesn't mind seeing the blogger continue his series.
Re:Actually it's purely illegal (Score:5, Informative)
(http://www.glome.org/)
That's not true. The finder has the basic common law title to the item as against all but the original owner. Title to property is relative. The finder has "worthier title" to the property than anyone but the original owner.
Now everything I'm about to say is based on the presumption that this is "lost property" rather than "abandoned property"...
This seems to be valid law in NY. See Hume v. Elder, 178 A.D. 652, 165 N.Y.S. 849 (2d Dep't 1917); Forman v. Rosetti, 38 Misc. 2d 317, 238 N.Y.S.2d 328 (City Civ. Ct. 1963); Garramone v. Simmons, 177 Misc. 330, 30 N.Y.S.2d 465 (Sup 1941)...
But at the moment he finds it, he only has an expectation of that title in NY, and he has to wait for the statutory time period to elapse, and the owner not to claim the item, for title to vest. See Bisignano v. Harrison Central School Dist., 113 F. Supp. 2d 591, 147 Ed. Law Rep. 529 (S.D.N.Y. 2000).
He gives it to the police, they keep it for a period, and when the owner doesn't claim it, and the time period expires, he can demand it back and his title vests.
The periods are described in N.Y. Pers. Prop. Law 253(7), and are basically...
* three months, if the property has a value of less than $ 100.00
* six months, if the property has a value between $ 100.00 and $ 499.99
* one year, if the property has a value between $ 500.00 and $ 4999.99
* three years, if the property has a value of $ 5000.00 or more
But there's more! This guy may be guilty of a misdemeanor:
N.Y. Pers. Prop. Law 252(1) says he has to turn it in to the cops within 10 days. 252(3) says anyone convicted of noncompliance is guilty of a misdemeanor punishable by up to a $100 fine or 6 months in jail or both.
He also may be guilty of larceny:
N.Y. Penal Law 155.05(2)(b) says this could be larceny if he doesn't take reasonable measures to return the property.
Just goes to show, use your instincts about what's right, and you'll probably be much better off...
Not at all (Score:4, Insightful)
This is one of the things that bugs me about
No, it isn't.
It's the same as the physical world and goes back to basic kindergarden eithics: "Don't touch what isn't yours without the permission of who it belongs to." This is as true for vitrual stuff as physical stuff. It isn't any more legal or morally justified to steal a CF card and publish the pictures than it is to steal a wallet and use the cash to buy yourself stuff.
Even if you don't believe in copyright, you can hardly justify the theft of the card. That's real, physical property and they deprived the owner of it.
Asymmetric laws *can* make sense (Score:4, Insightful)
(http://babelfish.alt...%2F%2Fslashdot.jp%2F)
This might be a stupid idea; or it might not.
Since they are two sides of the same coin, the act we wish to prevent is basically downloading/sharing. Making one illegal, but not the other shifts the emphasis of responsibility for the 'combined act' onto one party. This may be more practical in terms of law enforcement (better to prosecute one sharer than many downloaders).
In other cases with similar 'contradictions', such asymmetry may have the effect of protecting one party (e.g. if you simply made it a crime for an underage child to have sexual intercourse with an adult, you may be setting up the situation where a 14-year old is in danger of being blackmailed by a 40-year old, for fear of prosecution; and criminalising the 14-year old would almost certainly go against the spirit of the law).
Evil... (Score:5, Insightful)
Pure Copyright Infringement (Score:3, Informative)
Camera in the woods (Score:5, Interesting)
(http://theanalogkid.net/)
Re:Camera in the woods (Score:5, Informative)
(https://addons.mozil...&application=firefox)
Where's the evidence that says it's a hoax?
The photos that come after the one at the top of the tower where you see the creepy hunched over guy's reflection are clearly meant to appear as though they were taken as the photographer ran like hell. The fact that none of them are blurry shows that he stopped to take each of these "frantic" shots carefully enough for them to be in perfect focus with no motion blur. The sequence was too carefully crafted and tells a linear story too clearly to be unintentional. It's not even half as believeable as The Blair Witch Project, and that was pretty obviously fiction as well.
Awhile back... (Score:5, Interesting)
(http://www.theschmoejoes.com/ | Last Journal: Saturday June 19 2004, @02:56PM)
There were about thirty-some shots that were all stereotypical 'poor southern family'. Very odd, and a little sad, until you realized that they were genuinely smiling in every picture.
Interesting stories played out in my head about this family until I got my boring pics back.
Re:Awhile back... (Score:4, Funny)
(http://www.mjoelkbar.net/ | Last Journal: Wednesday April 20 2005, @09:29AM)
You should start digicam-bombing people instead. Food is soo 1990.
This happened to me, sorta. (Score:5, Interesting)
Regardless of how pissed I am at losing a $400 camera to a couple of asshats, I had some photos of my then girlfriend in various comprimising positions. To keep this brief, if I saw photos of her on the internet, bad things would happen to all involved. I wouldn't be surprised that if some of the images on that card are more personal, and if the owners get a glance, someone is gonna get hurt bad.
Re:This happened to me, sorta. (Score:5, Funny)
(http://www.college-paintball.com/)
Now we *KNOW* you're lying.
Re:This happened to me, sorta. (Score:5, Funny)
Re:This happened to me, sorta. (Score:4, Funny)
(http://rognestee.us/)
n.
one who leaves his $400 camera (with personal porn) in the vehicle when taking it to a repair shop.
Absolute Scumbags (Score:3, Insightful)
I would do what I would expect any decent person to do....give it to the driver and tell him someone left this behind. I can't image the sense of violation the owner will feel once identified. The scumbags putting these up for the world to see will face civil culpability almost certainly. IMHO they also belong behind bars, but I doubt this will happen. Now I eagerly await the flurry of posts along the lines of "Hey, they forgot the memory card so they deserve their private photos posted on the internet". This is Slashdot after all.
that sorority girl loves linux?! (Score:5, Funny)
(http://rdlc.net/)
Like Homer Simpson says... (Score:5, Funny)
The Victims (Score:5, Informative)
Huge copyright issues and no fair use at all. (Score:5, Insightful)
(http://www.dailyhaiku.com/)
His advice was pretty telling. While we had a good fair use argument, he indicated we would most likely run into legal problems anyway with model releases for people who weren't public figures, and even some politicians (like Arnold Schwarzenegger [dailyhaiku.com] hotly contest their public figure status regarding copyright.
As it is we had to go strictly with photographs in the public domain (and thankfully almost everything the federal government produces counts) or expressly granted for general use.
Posting entire found pictures (actually an entire collection), especially if used with a profit motive, with no permission from the photographer and the subjects is just asking for an incredibly brutal pounding in court.
-dameron
Still waiting for my C&D from Dick Cheney...
Disappointed (Score:5, Insightful)
(Last Journal: Tuesday December 31 2002, @08:24AM)
Yes the guy who found the card should attempt to find the real owner, what better way? If he posted a few pics on the net, it would never get enough notoriaty to be found. Its a memory card, its not like there is an address and phone number on it. The cabby wouldn't be able to find the person, the person I'm sure doesn't know where exactly they lost it, and wouldn't be able to remember the cab companies name either. The cops would just junk it. This is the only way the real owner can get his pictures back.
Yes, in a way this is copyright infringment, but geeze, for a place that is sooo against musicians being able to keep people from copying things they actually make money off of, this guys pics seem like a bizarre hypocrisy to try to protect. It's not like he's a pro, or that he was gonna sell these pictures for money.
People here posting that this guy should be put in jail, or fined, or sued... well just chill out. He's having fun, I had a good laugh, and its actually possible that the real owner will get his pictures back, whereas if the poster didn't post them in this manner there is basically 0% chance that would happen.
If you think this is evil, (Score:5, Interesting)
(http://myspace.com/bdetweiler | Last Journal: Sunday February 20 2005, @01:44PM)
Re:If you think this is evil, (Score:5, Informative)
Regardless, it's not the same thing at all. An unprotected gallery on photobucket is much more fair game than stealing someone's memory card and platering it all over the web.
Welcome to Blackmail! (Score:5, Funny)
(Last Journal: Monday December 22 2003, @01:52PM)
Each day the price doubles...
With kudos to Python
The Trachtenburg Family Slideshow Players (Score:3, Interesting)
Reminds me of "The Trachtenburg Family Slideshow Players" [slideshowplayers.com]. From their web site:
It's a little weirder than it sounds. [edit-video.com]
Those of you bitching about copyright: (Score:5, Interesting)
(Last Journal: Wednesday March 10 2004, @01:38AM)
While the actions might be (since apparently the blogger actually does own the card) illegal or immoral, the end result was an interesting idea for something that is, essentially, a piece of art, and seeing the originator prosecuted would be a sad day.
I don't think this is funny ... (Score:4, Insightful)
With more then 200 photos ranging along a year's time one could easily gather some clues which could lead to 1. the owner, 2. someone who knows the owner.
Instead of doing some research and making someone happy for finding the lost pictures, this guy places them widely available.
I wouldn't sue the guy for doing this. I would kick his ass flat.
How to get your digital card back (Score:5, Insightful)
(http://www.scumpa.com/~art/)
I bought a keydrive that had stuff on it (Score:3, Interesting)
If the drive had contained photos, would I have posted them on the Internet? No, because they wouldn't have belonged to me. Would I have looked at them? Yes, I'm as curious as the next guy.
Chip H.
Site has been taken down (Score:4, Informative)
(http://mattozan.net/)
Editor's Note
Hi. No new posts until further notice.
If you know things: ifsoyl at gmail.com.
posted by jordan | 1:57 PM
-+-+-+-
Thanks for ruining it for everyone, Slashdot :)
Actually, I figured with tidal wave of publicity a slashdotting gets you, plus the timbre of the legal-minded comments posted here, the site was doomed.
Gone Gone Gone (Score:3, Informative)
(http://www.threesquirrels.com/)
Re:So THAT'S where I left it... (Score:5, Funny)
There are girls in the pictures.