Archive for: November, 2014

Arizona court puts revenge porn law on hold

PHOENIX — State officials have agreed not to pursue anyone from booksellers to Internet posters under a new revenge porn law, at least not for now.

The order signed late Wednesday by U.S. District Court Judge Susan Bolton gives Rep. J.D. Mesnard, R-Chandler, a chance to re-craft the controversial measure to see if he can address challenger concerns the law violates the First Amendment. If he can, the lawsuit goes away.

Mesnard said he already has some ideas in mind.

But he said some of the concerns raised by the American Civil Liberties Union and others are “pretty far-fetched.” And Mesnard said he does not want to dilute the legislation to the point it is no longer meaningful.

The law approved earlier this year makes it a felony to “intentionally disclose, display, distribute, publish, advertise or offer” a photo, video, film or digital recording of someone else who is naked “if the person knows or should have known that the depicted person has not consented to the disclosure.” The legislation covers not just images of nudity but also anyone engaged in any sex act.

Offenders could end up in prison for up to 2½ years — or 3¾ years if the person is recognizable.

The target is so-called “revenge porn” where someone may have taken a compromising photo during a relationship that was not meant to be shared with others. Mesnard said it becomes an entirely different situation when the relationship ends, often badly, and the images get posted online.

The ACLU and a private law firm representing booksellers sued, charging the law would make criminals out of those who sell, display or simply show images of others who are naked but have not granted specific permission. ACLU attorney Lee Rowland said the result is a “chilling effect” on merchants, causing them to pull books from their shelves for fear prosecutors will use the law against them.

Rowland said the law is so broad that a mother who shows a naked photo of her baby to a neighbor could be charged.

The deal approved by Bolton is based on a promise by Robert Ellman, the state’s solicitor general, not to use the new law while efforts to rework it are underway. The attorneys for 14 of the 15 counties also signed the agreement; Yuma County is expected to join the pact after Thanksgiving.

One possible change might be a more restrictive definition of “nudity” to exclude some images that otherwise might result in criminal charges.

Mesnard also said he will explore a “public interest” exception.

In essence, anyone whose publication or distribution of an image that would otherwise fit under the law could escape prosecution if there is a legitimate public purpose. That would cover things like the news photo of a Vietnamese girl running down the road naked after her clothes were burned off with napalm.

But Mesnard said he’s not convinced all the issues raised by challengers are legitimate. That includes the claim that a mother could end up behind bars for showing off the naked picture of her baby.

“That’s an example of something that really wouldn’t apply,” he said, because the mother has authority to give consent.

Somewhat trickier is the question of books which may have photos or images of someone who is naked. But Mesnard said he believes challengers are looking for problems where none exist.

“The bill only applies when a bookstore knew or should have known they haven’t consent,” he said. “I don’t know why a bookstore would be expected to know that.”

“We’ve just got to be careful to where we don’t water this down to where the bill becomes meaningless and is simply a feel-good statement,” he said. “If, at the end of the day, we just put something in statute that has no teeth and has a net that’s so narrow that few, if any cases will ever come under it, well, then we’ve just wasted everybody’s time.”

State and court put revenge porn law on hold – Arizona Daily Star
revenge porn – Google News… Read the rest

Getty Images Sues Microsoft over Bing Photo Widget and ‘Massive Infringement’

A photo widget on Microsoft’s Bing service has led to a lawsuit claiming “massive infringement” on copyright. Microsoft has removed the offending tool, which allowed users to post photos and slideshows onto their websites, Sky News reports.The “Bing Image Widget” allowed Web publishers to embed galleries and slideshows of images curated from Microsoft’s Bing search engine. It had been in beta testing for less than two weeks when Getty Images, one of the world’s largest stock-photo companies, responded with a federal lawsuit claiming the tool facilitated “massive infringement.”

In a legal complaint filed last week in New York, the notoriously litigious company claimed the widget crawled the Internet for billions of images without regard to licensing or copyrights. The suit further alleged that Microsoft made copies and indexes of every image without permission.

The images, collected via Bing, came from all over the Internet—and Getty Images’ lawsuit is charging that many of them were copyrighted, Reuters reports. “In effect, the defendant has turned the entirety of the world’s online images into little more than a vast, unlicensed ‘clip art’ collection,” the suit says.

Getty has never been shy about using the court system to solve a disagreement. Earlier this year, it went on a litigation spree with a series of boilerplate copyright lawsuits aimed at online publishers it said was using its images without permission. In an ironic twist last month, Getty Images itself was sued over its aggressive copyright-enforcement efforts by an intellectual-property law firm, which accused Getty of “unfair and deceptive business practices.”

Microsoft has responded to Getty’s complaint: “As a copyright owner ourselves, we think the laws in this area are important,” says a rep. “We’ll take a close look at Getty’s concerns.” Getty says it is facing “incalculable” injury from the widget; the company “owns or represents” some 80 million digital photos, it says, per Reuters. It wants unspecified damages as well as the shuttering of the Microsoft widget. Its current removal is reportedly temporary, PC World notes.

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Microsoft Dumps Widget Sued for ‘Massive Infringement’
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The full legal complaint is below:

Getty Images Vs Microsoft

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