Just Noticing: “Observations Of A Blogger”
Posted by Michelle Moquin on May 25th, 2014
Good morning!
“Just noticing…”
“…How much I appreciate when others advocate for our animal (and mammal!) friends!
“Just noticing…”
…German court rules ex-lovers should wipe out intimate photos after breakup
In what could be a landmark ruling, a court in Koblenz has forced a man to delete private erotic photos and videos of his former girlfriend, even though she consented to the photography and took some of the pictures herself.
After a breakup, an unnamed woman from Hesse in central Germany sued her photographer ex-boyfriend over the photos, which he had kept for himself without an intent to publish.
The judge ruled that the unnamed defendant has to delete the intimate images – in which the partner is not clothed, or is engaged in sexual acts – but is allowed to keep any pictures in which she is clothed.
The ruling represents a legal shift.
Traditionally, it has been difficult to withdraw consent to photography once it had been given, with subjects having to demonstrate a legitimate change in circumstances or a level of deception for photos to be withdrawn.
Even in countries where legislation banning ‘revenge porn’ – compromising photos being posted by exes – such as the US, where several states have adopted such laws, the judge usually penalizes those who decide to publish photos. By forcing the defendant to delete photos from their private collection that may not have even been intended for publication, the German legal system is creating a new standard.
Media lawyer Christian Solmecke told Bild newspaper that the ruling will currently only apply to the couple in the lawsuit, but may be taken up by a higher court, which may ratify it into being standard practice.
The boom of revenge pornography is closely tied to the creation of the internet, which allowed easy outlet for people to post explicit amateur photographs, meaning that there has been little legal experience in dealing with it.
So far, Israel has adopted some of the harshest penalties in the world, with posting of old intimate photos regarded as a sex crime that carries a tariff of up to five years.
Let’s HOPE its legs spread to other parts of the world. (pun Intended) so that we can prevent “revenge porn.” According to the Huff Po, Last year, California became the first state in the U.S. to come down hard on revenge porn, and Arizona follow its lead in April, according to Reuters. Dozens of similar measures are being proposed across the nation. The laws in both Arizona and California make it possible to punish those who post sexts publicly.
Now, if I can just get back all my videos before they go viral. :))
“Just noticing…”
What someone may perceive as limitations, someone else experiences as freedom. Where do we let ourselves be defined by how other people see us? The woman in this video, Sue Austin, confined to a wheelchair, says that telling our own story sets us free. This video will blow you away.
When Sue Austin got a power chair 16 years ago, she felt a tremendous sense of freedom — yet others looked at her as though she had lost something. In her art, she aims to convey the spirit of wonder she feels wheeling through the world. Includes thrilling footage of an underwater wheelchair that lets her explore ocean beds, drifting through schools of fish, floating free in 360 degrees.
*****
Readers: What are you “just noticing?” Blog me. Sorry you had issues getting in. This time my server was performing maintenance.
Happy Sunday!
Christopher*: I hear ya. I get sick of it too. And a bad day on top of everything else can just be too much. No need to apologize. We all have them. I HOPE the rest of your week went better.
I just don’t want anyone to give up so I have to be a cheerleader every once in a while. :) Now…I’ll repeat what Cynthia said, “I can’t wait to kick some Republican ass.” Let’s HOPE enough of us feel that way and make our way to the polls when the time comes for us to exercise our rights.
Kevin: I wish I could Lol with that one all the way to the bank but unfortunately, we know it wouldn’t fly.
George, WN: Where’ve you been? It seems you came back and invited some of your friends onto the blog for support. I guess you know, your party isn’t going to be around much longer. I mean c’mon, with the way the republican party is behaving, if anyone is going to switch sides, it certainly won’t be to yours. Just noticing how some readers say they used to be repubs and are now Dems. Your party is dying. I don’t blame you for seeking support – you’re gonna need it.
Ska: Nicely stated. It is ALL of us that allow the 1% to do what they do, if we don’t vote those out that support the 1%. It is many of us that allow the 1% to do what they do because there are those that side with the 1% that expect they will be a part of the 1%, so they vote with them HOPEing to be one of them. It’s never going to happen.
Mike, TM: Always happy to see your comment here. I like what you said and thought your last sentence was worth repeating because it is what is happening.
“…when a group seeks to advance only themselves at the expense of the rest of people, they eventually become the victims of the more devious of that group.”
As always wishing you my best.
Got to run now. Peace out.
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
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May 26th, 2014 at 3:09 pm
I’m not sure that is exactly what the court ruled. But if that is the effect, then I applaud it.
May 26th, 2014 at 3:12 pm
Michelle, the people in my party will never switch because we always have one major thing in common, we are White. And as such we support this nation being ruled by a party of white people who have the best interest of this country in mind.
Is it so difficult to remember who started this great country?
May 26th, 2014 at 3:15 pm
Michelle this may not be a good law because “Revenge porn” laws are universally badly and broadly written, prone to all sorts of unintended consequences that will punish First Amendment-protected speech with increasingly harsh sentences. Arizona’s new “revenge porn” law equates the offense with domestic violence, filing under Chapter 14 of state law (“Sexual Offenses”).
This law has the potential to create a new, ultra-nefarious level of “revenge porn trolling” by entities with the same moral turpitude as Prenda and Malibu Media, both of which have actively explored the outer limits of copyright law in their extortionate efforts. Arizona’s new “revenge porn” law gives these sorts of entities a new form of leverage to use against unwary infringers.
The law contains wording that would implicate anyone who “intentionally discloses, displays, distributes, publishes, advertises or offers” any form of media depicting sexual activity or nudity “if the person knows or should have known that the depicted person has not consented to the disclosure.”
May 26th, 2014 at 3:15 pm
Michelle, revoking of consent could be huge – what if I get a tattoo of my girlfriend topless and then she decides to withdraw consent?
May 26th, 2014 at 3:16 pm
Great. Just what we all need.
Prevengeda.
May 26th, 2014 at 3:17 pm
Owen#3, Relax, it’s Arizona. Those crazy, wacky folks down there just want to get their state back on national television now the ok-to-discriminate-against-gays thing has run its course.
May 26th, 2014 at 3:19 pm
Steve#4, The law specifies “photograph, videotape, film or digital recording”. So I think your tattoo is safe.
May 26th, 2014 at 3:23 pm
I can’t decide which blog to comment on. I couldn’t get in on this one last time. But today it seems reachable. I will try it and then the other.
I want to comment to Christopher*. Man you have a fantastic gift for seeing the issues beyond the obvious. Keep up the good work.
Anyone can have an occasional bad day. Your overall contribution entitles you to a few more than others. As Michelle said don’t be so hard on yourself.
May 26th, 2014 at 3:40 pm
Michelle, I agree that it is those of us who allow the 1% to run over us that make this country a disaster for the 98%.
If more people would vote their common sense this country wouldn’t be so bad for us.
May 26th, 2014 at 3:46 pm
Mike, TM if only a few of those greedy bastards would understand that siding with snakes means you will eventually get bit.
May 26th, 2014 at 3:48 pm
Michelle, Mary Anne Franks, a law professor at the University of Miami, has been pushing to get revenge porn criminalized. To that end, she is helping draft a bill with an (unnamed) member of Congress.
The problems with her proposed legislation are several. Houston defense attorney Mark Bennett has unpacked the First Amendment implications (mostly negative) of her proposed law in two excellent and thorough posts over at his blog, Defending People.
http://www.law.miami.edu/faculty-administration/mary-anne-franks.php
May 26th, 2014 at 3:52 pm
Michelle, I hope we don’t get such a bill passed here because it will have unintended consequences.
May 26th, 2014 at 3:53 pm
Michelle, think of the power such a law would give the labels and studios in their effort towards turning the Internet a controlled publication system, like cable TV etc.
May 26th, 2014 at 3:56 pm
David#12, What makes you think the consequences are unintended? Think of the power that such a law would give to all “right-thinking” folks.
May 26th, 2014 at 3:57 pm
It’s simple if men don’t want to get in trouble legally, then don’t publish your exes naked pictures.