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Yahoo! sued for content posted by a user on Profile
A woman has sued the search engine company Yahoo! for failing to remove photos of her from the profile of another Yahoo! user. The suit is worth around USD 3 million and the claim is that the company failed to fulfill the promise of removing her obscene photos from the profile of her former boyfriend.
Cecilia Barnes fielded the lawsuit in Oregon and has claimed that her former boyfriend began posting naked pictures of her in Yahoo! profiles. Also included were her personal mail ids along with phone numbers. The photos were taken and posted on the net without her consent.
The lawsuit also claims that the former boyfriend involved in the process posed as the applicant on the net chats and invited people to check out the profiles containing the images. Because of this, Cecilia Barnes started receiving calls at work with obscene messages leading to harassment.
Barnes had informed the company of these activities in January asking them to take action against her former boyfriend, though she failed to receive any feedback from the company. More attempts to get these images removed from the Internet failed in the following months leading to this lawsuit.
The important bit however is the fact that she did received a verbal communication from Mary Osako, Yahoo!’s director of communications who promised that the images will be removed from the online profile database. Laws in United States however protect the online companies from lawsuits pertaining to information that is published by third parties.
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Those stupid lawyers will take any case, anytime, anywhere. When you leave your next boyfriend take your digital photo’s with you or reformat his hard drive so he won’t continue to get hard at your expense.
An interesting case over who is responsible for internet content, expecially regarding user registered profiles and to what extent the provider claims responsibility for user content. I hope the lawyers and plaintiff will do this one justice as similar cases have, and are bound to come up over and over again in the future. Shame on those who are blaming the victim here. I’m already impressed she didn’t just shoot the bastard - well, always time for that after the court case.
Yahoo! may not be liable for content posted by a user. There problem is that they cannot simply delete content from someoneâ??s profile. Although they can terminate the whole BFâ??s account which violated Yahooâ??s Terms Of Service (clause 6. MEMBER CONDUCT). But in order to do so the GF supposed to follow their procedure described in the same Service Agreement (clause 24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT), which according to this article, does not look like was followed.
I guess Yahoo! was targeted because they have money to go after, otherwise the more appropriate would be to go after the BF, but who would bother if he has no money. After all who cares about the merits. In my opinion it is just money that rule in this case.
3 Million! Jeez I don’t think Terri Hather would get that for appearing in Playboy. You crazy Yanks, would sue your own mothers to make a quick buck.
Definitely, it’s a very interesting case. Yahoo being a very resposible company, ofensive pictures of any good citizen should not be posted without first party approval. Internet company should be restricted to post thirtd party pictures in general if it is ofensive in nature, nude in particular.
Joe Blow
Suing to make a buck? Sounds to me like she went through quite a bit before she elected to go the legal route, and wasn’t left with many other options. Besides, don’t lump all us stupid ‘Merkins in with the sue-happy freaks we got roamin’ around here.
Only in America !
Get a grip guys - you cant legilate STUPIDITY out existance.
The problem is an old one in our justice system. With so few victim’s rights, the argument gets lost in who is to blame, rather than about what can be done to help make reparations for the injured party. The poor woman’s name gets thrown around in the press, only making her humiliation worse, but her ex’s name never gets mentioned once. Why does the victim’s reputation get called into question when all she’s doing is trying to stand-up for her rights? Making things right for the injured party should be of tantamount importance, after that should come assignment of blame (and punishments if need be). I think there need to be some serious discussion about victims’ rights issues.
…. only in America. Not to hijack this thread but…. shouldn’t Husseins’ American defence lawyers be arrested for aiding and abetting a known terrorist? … only in America.
Maybe she can also bring into suit the beer company, who may or may have produced the ETOH she consumed before the pictures were taken. When do we start taking responibility for our own actions? Seems like it would be hard to take naked pics without taking your clothes off.
Why does any law suit thing become an “American or a Yank”thing to do to a European? Most of us don’t go around suing people or looking for law suits to indulge in. Get a life, Joe Blow. I doubt you have even come to the USA or know anybody personally who is American. It’s only these high publicity cases that you non Americans hear about. Why doesn’t your media report on events going on in your own country? Why always piggy back on our media? What bias you are spoon fed. Poor limited you!
No we dont piggy back american media, it gets shoved down our throught. in australia we have had to put in policies reducing american tv and news content.
And yes, americans would sue their mother for a buck, but as easy as it is to america-bash (very easy) its a very american thing to do in itself, because its a diverse country with diverse views. pity we only ever hear the 1 view, but im sure there are good people there. somewhere.
oh yeah- this poor chick about the photos- she should sue yahoo, but 3mil is a bit steep. She should advertise the boyfriends details- so every woman in the world knows who he is, and he wont take many more pics on nekkid chics.
I suspect that she’s nuttin but a Californicating import…what do you expect.
i have been leaving in the USA since 1973 and in a vest majority (something like near 100%) of conversations related to any misdeed concludes with…’sue them’ comment. it is ingrained in this country’s culture. saying that, however, i might add that in the face of perceived injustice, one has very little chances for a effective retort, doesn’t one? what’s wrong in here….?
If he’d postered the photos onto phone booths, she’d have sued the phone company for not removing them?
It’s a dual situation.
The photos should be removed and I think she has grounds for a lawsuit (only against the boyfriend and the harassing callers though), but at the same time I don’t “feel” for her (which I suppose is legally irrelevant).
I personally feel she’s getting what she deserves. Her own actions allowed her “boyfriend” to be in possession of the images.
Next time, think before taking your clothes off; not in a puritan sort of way, but in a consequence sort of way.
I hate it when people whine about a misfortune that has befallen them, when in fact they actually helped to create the problem through their own stupidity. I find it especially true when it involves a chosen �lifestyle� (I hold no malice towards it, but I also don’t want it to factor into an excuse either).
I lived in England and they sue just as much and just as often. One needs to remember they are a small county. And they have not gotten over losing the war. I don’t care if they bash US. Don’t forget our system of law is based on theirs. With out the Royality.
I think she was stupid to allow the photos to be taken however Yahoo has a duty to remove the photos once she requested that they be removed. Yahoo should do this promptly. Yahoo has a significant problem allowing a person to use a photo that doesnâ??t belong to them. Yahoo uses this third party crapp as a shield but I bet if someone posted a nude photo in a profile that was of a senior Yahoo executive it would disappear immediately.
Why should Yahoo pay for her stupidity?. Once posted on the net it is impossible to remove. Lady sue yourself then old boyfriend
So quick to bash ‘merikens . . . while using the very medium that wouldn’t exist without them. It happens to be Memorial day weekend over here in the states, a time when we remember the sacrifice of American soldiers that fought around the globe. That just adds some extra dash to the ingratitude. And I have just one question to anyone European that just had a negative knee jerk reaction to my mention of the American military; Sprechen sie Deutsche?
In the future, maybe you can rely on the French to cure your financial, technical, military and legal problems? I’m sure things will be swell then. You can all get on the French Internet - yes, that’s a joke - and talk about truffles. Oh wait, you’re too busy subsidizing Airbus while watching the French reject the EU constitution. Give me a break already. Complain about trivia here in America, but you maybe, just maybe, want to watch the fundamentals in your own back yard.
Honestly, people, why all the jingoistic nation-bashing? Seriously! This is just as bad as listening to teenage guys talking about how the size of various parts of their anatomy! I agree with the earkier comment…all of you with your blind, nationalistic bigotry are just a pack of morons! You Americans are embarassing me…isn’t our nation supposed to stnd for tolerance and such (First Amendment anyone)? And you Europeans…I thought many of you considered yourselves above such petty squabbling….oh well…
On the topic that was being discussed before the idiots took over….
What happens behind closed doors is the business of those directly involved. However, her boyfriend was wrong, morally, in posting the pictures. However, we have a little thing called Freedom of Speech that allows him to do such things. In spite of this, Yahoo! has an obligation, as defined in their Terms of Use, to curb said freedoms when they are in violation of the Terms. So, basically, she can’t legally, as I understand the situation, sue the boyfriend. However, she is perfectly justified in suing Yahoo!. As for the amount…let’s hope the judge/jury aren’t crazy enough to give her that much….
Why does it matter wether she allowed the photos or not? is she immediatly stripped of all her rights because she took her clothes of in front of her boyfriend?
Its like you have to be a complete victim to get sympathy from you people. How would you like it if it happened to you, oh right, you dont let your partner take pics of you nekkid. well dont waive her rights because she is comfortable with her sexuality and your not.
Jeez, she could be some mad prostitute and she would still have the right to sue.
but 3 mil is still far too much and blatent profiteiring.
umm @ disappointment. “the sacrifice of American soldiers that fought around the globe”
I thank you amerikans, for all you have done, and your wunderfull teknology. we peeples of ‘overseas’ are grashious to your selfless sacrifice.
Its weird over here in Australia (thats the country with the kangaroos n stuff) terms like ‘patriotic’ and ‘conservative’ are negative, they are synonymous with ‘ignorant’ and ‘fear of change’.
anyway i have gone off track.
Yahoo could have easily taken down the offending material. the scenario of mike’s about if he had put them up in phone booths would she sue the phone company isnt comparable, a website is easily changed, with near no cost.
The main thing is Yahoo’s lack of respect of their community to respond in time.
Would Microsoft be sued since yahoo run inside windows?
Its like this, the boyfriend is inside a game arena (i.e, basketball) then the boyfriend is wearing a T-shirt displaying his gf nude body. Then the tv focus on his boyfriend, would you sue the General Manager for that! This is nut! Sue youre boyfriend up to $5,000,000.
Okay, the woman request to remove his picture is the first correct action but to whom to ask is a bad move. She would requested his ex-boyfriend to remove or else sue him. If no action from the ex-boyfriend then she should requested yahoo or better ask yahoo to be her witness against her ex-boyfriend actions. Yahoo can not be responsible in this action of its users (see Yahoo user articles about conduct).
No matter what, if its picture or chat words, freedom of speech implies here. Best is to sue the right person!
Another logic, Who owns the pictures? Is it Yahoo or ex-boyfriend? If yahoo owns the picture did it involve money? Is yahoo part of the onwership of the pictures? Of course not! unless Yahoo distribute it deliberately. Example, Would you sue the Post office if your ex-bf send nude pictures of you to several people? Yahoo is only acting same as the Post Office that is service only and not ownership of the letters or pictures.
Another logic, Who owns the pictures? Is it Yahoo or ex-boyfriend? If yahoo owns the picture did it involve money? Is yahoo part of the onwership of the pictures? Of course not! unless Yahoo distribute it deliberately. Example, Would you sue the Post office if your ex-bf send nude pictures of you to several people? Yahoo is only acting same as the Post Office that is service only and not ownership of the letters or pictures.
Anyone got a link to the pics????
Soooooo….anybody find any of those pictures yet?
I was scammed by a woman in Belarus who uses a Yahoo email as part of her fraud scheme. I do not blame Yahoo nor hold them accountable for any loses - however I will comment that once informed of such fradulent activity, Yahoo has essentially taken no action as her email account remains active.
And the same can be said regarding the many African money scammers operating on the Internet. When such a scammer is using a Yahoo mail address - one would think that once informed of such activity that Yahoo would close the email account. But all they ever say is that “appropriate action” has been taken.
By appropriate - they seem to feel that no action is acceptable.
Maybe a few jury awards are what is needed for Yahoo to change its definition of “appropriate action”.