Nude Pics on lost phone...

[Mike2Nude]

Do you keep nude pics on your cell phone?
This couple found out the hard way not to do this, or to at least have them password protected. It will be interesting how the lawsuit turns out.

http://www.msnbc.msn.com/id/27867839/?GT1=43001

[Boreas]

That is a short article which is short on detail. It seems pretty stupid on so many levels. A cell phone is personal property, and the owner would have reason to believe that no one else would be seeing the phone. Also, who cares if there were nude pictures on it. If you have nude pictures, stand up and defend yourself without shame. Okay, I know it is easier said than done. As long as the pictures were basically for personal use, how could they cause so much damage? Of course, the US is more of a litiginous society than here, so I guess the rules are different there.

Do keep us posted on this.

[fredm74]

Personally, I do. I keep photos of myself and some close friends on my iphone. Some nude and some clothed.

-Fred

[zharth]

Is this how people write news articles these days? There's so much about this story that confuses me.

Anyhow, I don't own a cell phone, but I lost an actual camera with nude pics on it. I don't care about people seeing the pics - in fact, I wish they would turn up online, because then at least I'd get to see them...

Even though I don't exactly represent the average, I have to admit that I'm curious as to just what kind of pictures are worth $3 million worth of embarrassment. Sounds like a cash scam to me.

[Mike2Nude]

That is a short article which is short on detail. It seems pretty stupid on so many levels. A cell phone is personal property, and the owner would have reason to believe that no one else would be seeing the phone. Also, who cares if there were nude pictures on it. If you have nude pictures, stand up and defend yourself without shame. Okay, I know it is easier said than done. As long as the pictures were basically for personal use, how could they cause so much damage? Of course, the US is more of a litiginous society than here, so I guess the rules are different there.

Do keep us posted on this.

One way is if the nude pics were of a teacher. I personally don't see a problem with it, but there are people who would look at this as a bad example to our kids. There was a teacher in Florida that was fired for wearing a bikini in her part time job. Could you imagine what they would do to a teacher that had nude pics on the web?

[Fitz1980]

One way is if the nude pics were of a teacher. I personally don't see a problem with it, but there are people who would look at this as a bad example to our kids. There was a teacher in Florida that was fired for wearing a bikini in her part time job. Could you imagine what they would do to a teacher that had nude pics on the web?

That has happened as well. It was an art teacher who had posed for some artistic nudes, totally outside of anything related to her teaching career. They ended up on the web and the school board tried to take away her license.

[Bob S.]

I would also be very upset if someone took nude pics of me and posted them online, especially after getting assurances from the management that the photos would be secured. Basically, this was a kind of theft of pictures. They do need to be punished for that.

I wouldn't say they are worth $3 million, though. The embarrassment and "emotional suffering" are understandable. I wonder what site the photos appeared and how he found out? You should have complete control of your pics online. I don't understand how this incident forced them to move, however. If either one of them was fired due to the photos, they may have a lawsuit against their employer on their hands for that.

Speaking of teachers, I remember reading a story about a teacher in Hungary who was supervising a start-of-term party for high school students. A group of fifteen-year-old students decided to play a fairly clean game of truth or dare when this one female teacher decided to get in on their fun. Someone suggested that she dance like she was on a stripper's pole. She did so and started doing a strip-tease in front of everyone, removing her blouse, revealing her bra. She unbuttoned her slacks and teased like she was going to pull them down as well. She was eventually stopped by another teacher.

The headmaster did not fire her, but did give her a warning in her records.

That is a very tolerant boss!

Bob S.

[Croydon]

That is a short article which is short on detail. It seems pretty stupid on so many levels. A cell phone is personal property, and the owner would have reason to believe that no one else would be seeing the phone. Also, who cares if there were nude pictures on it. If you have nude pictures, stand up and defend yourself without shame. Okay, I know it is easier said than done. As long as the pictures were basically for personal use, how could they cause so much damage? Of course, the US is more of a litiginous society than here, so I guess the rules are different there.

Do keep us posted on this.

I disagree. I think the plaintiffs in this case have every right to be upset and sue. The nudity isn't the issue here but one's right to privacy. I am sure the nude pics of the wife were taken for HIS EYES ONLY. I can only imagine the embarrassment one must feel to have those pictures be posted for the world to see online. It strips you of your dignity and self worth because something you did for a loved one was used in some other way and cheapened it. I am sure the wife feels embarrassed and used because this was done without her consent or knowledge. I feel for the wife and husband as I think their anger is justified.

As for the $3M, keep in mind that lawyers often ask for outrageous sum of money in lawsuits. With all the costs that goes along with lawsuits, they will never get $3M. The likelihood of this case going to the courts is slim. Most likely, McDonald's will settle this out of court. Rarely do cases go to the courts as it is time consuming and very expensive. Corporations often settle out of court because it is cheaper and they don't wish to have such issues taint their image. That being said, $3M will most likely look like a few hundred thousands

[Boreas]

Hi Croydon, I agree with you for the most part. There are so many levels to this story. I guess the moral is that if you do not want nude pictures around the place, then take better care of your cell or password protect it.

[fredm74]

That was very well said Croydon. Completely agree..........

-Fred

[nimrod]

I smell a scam, or the husband is just trying to cover his a$$ for posting nude photos of his wife without her consent and knowledge. Big business is usually an easy mark for law suites, so they post some photos and leave the phone at the McDonalds then sue.

[fredm74]

nimrod, in this day and age, uploading pics (especially from a cellphone) can be traced. If one of the employees at McDonald's took the cellphone home, uploaded the pics on his/her hard drive, they can easily find that out, or they can "text" the pics to their own cellphone. It's a plausible scenario.

[Mike2Nude]

I wonder if they will still visit McDonalds. This case is a little different, but for all the folks who sue over hot coffee, as McDonalds, I would have to invite them not to come back.

[Fitz1980]

Good point about it sounding like a possible scam. The McDonalds staff copying the pics off of the phone I'd understand. But also posting their address and phone number, knowing it can be traced, sounds like a possible setup. I'm not saying it is, but wondering if perhaps the couple can't afford their home anymore (like everyone else it seems) and is trying to get McDonalds to help them pay for a downgrade.

[1Ace]

My wife has a photo of me from one of our local resorts on her phone, has it set as her ringer when I call her...

[JeepNude]

Smells like a scam.

The liability comes from an apparent assurance from an employee to keep the phone secure until the owner could return. Otherwise, McDonalds has no responsibility for the personal property of their customers. It is implied that contact was made after the phone was left there, and an employee apparently had possession of it, and agreed to keep it secure. THAT is the issue in the lawsuit.

As for monetary damages... It would be easy to argue that once a picture is on the internet, it is out forever. You have NO control over it anymore, and potential lifelong damages, etc. could total $3M to a jury. However, I seriously doubt they would ever get this much.

The main problem is with McDonalds attorneys. If I was assigned to this case, I would argue that the phone could have been compromised before the employee found it. Enough doubt to get it dismissed in California anyway.

Glad I don't do law for a living. It's this kind of stupidity that makes my blood pressure rise. At least as an engineer, everything is black and white! Law of physics is not up for 'interpretation' or twisting by a slick attorney.

Last point- If you have ANY photos on your phone that you don't want spread around, erase them. Using a computer with bluetooth capability, sitting here at my desk in the office, I can see no less than 6 cellphones on the wireless, and I can access files and photos on all of them without the owner even knowing. Easy for an engineer geek to do. Think about that a while....

My avatar photo was taken by a friend with a cellphone. I am sure it still exists on the phone, and can be spread anytime, especially now that I uploaded it to the forum. But, then again, I personally don't care if anyone sees a nude picture of me. Not everyone has the same freedom.

[Silverback]

I think this sounds fishy (like dead fish), kind of like the finger in the chili a couple years back at Wendy's. They are going after the deep pockets at MDs. Just wonder if he had her picture for a screen pic. IMHO

[Francoislux]

I also keep nude pictures of my friends on my cellphone. It gives me a bit of sun in the traffic jams in winter....

[Zorro]

Some people have absolutely no common sense.