Max Mosley loses battle to get sex video off web

Formula One boss Max Mosley has lost a High Court bid to stop the News of the World from putting a video of him and five prostitutes back on its website. Mr Justice Eady came to the conclusion that because the material has already been widely reported, and is still widely available, granting an injunction would serve no …

[M Brown]

Justice?

Is that really his given name or was he sad enough to change it via deed poll later on? I hope it's his real name, that kicks ass. I wonder if he has his own league?

[Anonymous Coward]

Perversions

If you ask a prostitute to dress up as a News of the World journalist, do they call you a disgusting pervert?

/coat - mine's the one with the yellow star

[Jonathan]

Godwins Law...

Surely this must invoke it?

I know its not technically a forum, but since Nazi's have been mentioned surely he has lost by default and should just sit back and watch the fall out?

http://en.wikipedia.org/wiki/Godwin's_law

Mines the one designed by Hugo Boss

[M Room]

Oh gee whiz

Does this really matter - what he does in his spare time in private that does not effect or harm anyone else is hardly earth shattering.

He is at least spending his money for his own pleasure to the benefit of those less fortunate.

Paris Hilton because she knows how to enjoy herself :-)

[James Pickett]

Really?

"Mosley denies any Nazi connotation"

Apart from the costumes of his, er, companions and his immediate forebears, presumably. Looks like he's gone Egyptian...

(in denial, that is - coat on already)

[pAnoNymous]

Anyone else finding this a bit boring?

OK,so some old geezer went to see ladies of the night and was involved in a bit of S&M. WHO CARES!!!! Do you people really have nothing better to do?

Most of the most righteous critics probably have done something similar or wish they could. Just move on people, nothing to see here.

[Anonymous Coward]

I thought that Nazi's...

... were just wan#er's!

My one's got Das Kapital in the pocket!

[Anonymous Coward]

No privacy anymore

It seems to me that the judicial system has accepted that British citizens have no rights to privacy anymore.

This example seems to imply that by splashing information far and wide via the internet, you can publish anything you like and damn the consequences. Never mind the fact that it doesn't actually have any bearing on his work nor is it of any use to be known to the public.

On the other side of the scale we have the case of Jeremy Clarkson allegedly using his mobile while driving. Did the couple who took the photo also submit the police a number of other shots of other criminal drivers? No, of course not. And how did the papers find out about the case? Because the photographers decided the publicise it (and perhaps made a tidy sum in the process?). How kind of them.

Two different cases, but both reflecting how the judicial system reacts to the issue of privacy for public figures.

There are always questions over whether people in the public eye have given up their right's to privacy, I doubt that argument will ever end. However, I do find it quite disconcerting that it appears more and more that judicial system has decided that they have.

Recently El Reg has been full of discussion relating to privacy and Phorm, perhaps the slow response from .gov, the continued loss of data by .gov departments and now these judicial activities are all part of the same .gov strategy.

All you data are belong to us ... and them .... and them too. (ps. Accuracy not important)

[Sam]

Time warp?

Bit late to the party, El Reg, now the tide is turning?

Is that a clucking noise I hear?

On a serious note, have we stumbled across a judge who actually understand the interweb?

What do we know about this fine fellow?

[alistair millington]

Interesting legal point however

Any sex tape that is out their long enough can't be reeled in with a court order...

ROCK ON!!!!

Who is Max Mosley and why would we care????

[Colin Jackson]

Hmm.

Surely the 'purpose' would be to stop the News Of The Screw profiting from the use of the video. If the judgement is that the video is intrusive, then the fact that it's widely available elsewhere shouldn't be a bar to preventing the people who 'leaked' it (ew.) from making hay with it.

[Anonymous Coward]

cultural bias

From the cosmopolitan fence:

UK: oh dear it is absolutely perverse and not acceptable - he should definitively not be allowed to continue with his professional responsibilities. That he got caught is the problem - not what he did. We certainly do not wish to wash our dirty laundry in public do we?

France: what - he had only five prostitutes? Oh well...

Germany: cool, where do you get those accessories?

Denmark: whatever... hope he did not pay to much for that.

Sweden: In an egalitarian society it is completely unacceptable to use (abuse) prostitutes. He has no excuse - a man in his position has quite a few female fans who most likely would have volutered to have some fun without having to be paid for it.

... and so on...

[Anonymous Coward]

Oswald Mosley video is also online

The classic Not The Nine O'Clock News "tribute" to the late Oswald Mosley

http://youtube.com/watch?v=R6XScqVBbXQ

Note: probably illegal in Germany, since it involves the display of Nazi regalia...

[GremlinUK]

Wider context

Max Mosley is the head of a global federation that represents motoring safety and racing throughout the world. Like the chief of any such sized organisation he is expected to be seen to uphold a higher standard of ethics and morality than 'Joe down the pub'.

Bye, bye, Max!

[Pierre]

Precedent set

Now the "sorry but it has entered the public domain to the extent that there is, in practical terms, no longer anything which the law can protect." line can be used to dismiss all cases brought up by music majors surely?

[Anonymous Coward]

Re: Anyone else finding this a bit boring?

Whipped and beaten so hard by prostitutes in Nazi-style uniforms that he needed his backside bandaging, then he proceeded to whip and beat prostitutes dressed in concentration camp style uniforms. It wouldn't be half as funny if he wasn't the son of Oswald Mosley.

If you read another twelve similar stories you'd put serious money on the tabloid making it up, but astoundingly this is true and they've got the video to prove it. It made me laugh out loud, so I think it was worth the effort. I think they should have trolled a denial out of Mosley then posted the video for the amusement factor.

[Anonymous Coward]

heh

I wonder if Ron Dennis is smiling about all this - good to see, finally, that the 'pressure' is on the other foot, eh? Max? Not so shiney and upstanding as you make yourself out to be...

[Alan]

@M Brown

High court judges are generally refered to as Mr justice Smith or Brown or whatever, it isn't either a fortuitous forename or sad deed poll change

[Anonymous Coward]

The problem here is...

not the doing it - but getting caught doing it...

[Big_Boomer]

Who cares

He's only doing what countless Politicians and heads of business and other "powerful" people have done through the years. They feel guilty about the power they have over people and go to S&M hookers to have their sins expiated by a good whipping.

What they don't realise is that most of us would whip them for free.

So, I guess they must be paying the hookers to stop. <LOL>

Paris because she would look fine in black leather <drool> ;-)

[JimC]

@GremlinUK

I have no interest in viewing such content, but if it involves straps and buckles and things doesn't it demonstrate his subconcious desire to promote seatbelts and motoring safety? And therefore it *is* in line with the ethical stance he should be taking...

[Matt Bryant]

RE: GremlinUK

Hmmmmm. OK, so Mosley is an arrogant twit that has probably hindered the development of the sport and antagonised many of his peers. He also has what most would frankly consider unusual and undesirable sexual traits. But, does what he gets up to in his own time really impact on his ability to carry out his responsibilities? There is more than a slight bit of hypocrisy here - Mosley is being nailed for nailing five prossies in finest Nazi regalia, but what if he'd been busy doing the dirty with five other men? Would people be so quick to scream "freak" when they know dissing homosexuality is just not on with the same PC brigade now screaming "freak" the loudest? Would they dare say that if he was gay instead of an S&M practitioner it made him less capable of being FIA Prez? Of course not. So, let's be honest - if Mosley gets the sack it's because we believe his sexual practices somehow reflect on his ability to lead FIA, because our values allow us to label him a "freak" because we label S&M and Nazism as "unacceptable". Whilst I think he's a gormless moron and I wouldn't want him looking after my children, I think it's unfair to claim that playing hide the sausage with five Frauleins in what he thought was a private action somehow makes him less capable of fulfilling the role of FIA President. Personally, I'd be much more worried to hear he'd been caught banging a single prossie paid for by an F1 team as that might reflect on his ability to make an impartial judgment (no, before the Lewis Hamilton fanboys get noisy, I'm not suggesting Ferrari paid for a bit of horizontal consultancy last year).

Full disclosure - I don't work for FIA or any motoring body, I'm boringly straight-laced and think the Nazis were idiots, but I am a bit jealous at the five girlies at once bit!

[Kwac]

Who is max Mosley?

Think NASCAR.

Now step up a league or two.

[Anonymous Coward]

Solution??!!

TURN OFF the camera. Confiscate the tapes!

Of course before they get out to the web. Are people such idiots??

[Vaidotas Zemlys]

Missing the point

I think people are missing a point here. Mosley should resign, not because he indulges in argy bargy with 5 prostitutes dressed up like Nazi, but because he started to deny it like crazy and dug a nice big hole, and there is a little chance that he will get out it now. All last F1 season he preached the message, that Mclaren should have owned up imediately, now he fails to that himself. That is the main reason why he should quit. He needs more of ze punishment!

Oh and by the way F1s boss is Bernie Ecclestone, not Max Mosley, Mosley is the boss of FIA.

[Anonymous Coward]

Sure, it's personal business...

...no argument there. But I won't be sad to see the back of him, unfair means or not; Mr. Mosley's real sexual proclivities are obvious to anyone who has seen him f*ck formula one for the last ten years. Mr. Spec Racer can (and, as it happens, may well like to) roll it up tight, and shove it up his ass.

Thumbs up, because that was the -actual- Roman hand sign for "Finish him!"

[Jim]

@Those saying he did nothing wrong...

Over the last few seasons, the term "bringing the sport in to disrepute" has been used by Max and the FIA whenever any team or individual questioned the lack of consistency of decisions made by the body. Now what would you say Mr Mosley is doing by battling the News Of The Screws from his pulpit as head of this organisation?

Yeah, it's a blatent hatchet job but he should have resigned to deal with this situation and maybe come out of it with some dignity intact.

...After all, the vid is not particularly shocking. You'd be hard pressed (or very lonely) to describe it as even slightly erotic...

[Frank Bough]

This from www.sniffpetrol.com

MOSLEY EXPOSED!

Sniff, Friday, April 4th, 2008 at 3:09 am

Posted in News

Formula 1 racing boss Max Mosley is in hot water this week as Sniff Petrol has exclusively obtained video footage showing the motorsport supremo engaged in SICK activities including pretending to be IN CHARGE of the FIA.

During the 15 YEAR session captured on tape by our spies, Mosley insists on being referred to as THE PRESIDENT and makes those around him follow STRICT RULES, which he then repeatedly changes.

Amongst the DEPRAVED acts caught on camera, our footage shows the F1 figurehead wantonly PUNISHING McLaren for MONEY. He later SPANKS Renault and, in scenes of unbelievable hypocricy, then KISSES THE ARSE of Ferrari.

The disgraceful footage also shows Mosley, 67, TORTURING Formula 1 fans by introducing HARD to understand development freeze rules and TWEAKS to qualifying.

In some scenes the grey haired racing ring master is even shown HANGING OUT with a DWARF, although this later turned out to be Bernard Ecclestone.

[James Cleveland]

Holy shit

The man has taste!

[Graham Marsden]

How would you feel...?

... if it was your private and personal life that was being broadcast over the net simply so some gutter rag can sell more papers?

People in the BDSM scene have been hounded out of their jobs in similar ways, for instance simply because they happen to be a teacher who goes to fetish clubs.

But *WHAT* does that have to do with anything? Answer: Nothing!

Is it the business of anyone else? Hell, no!

Plenty of readers of El Reg object to the Government collecting data on them without their consent and then sharing it amongst all sorts of other people, why should it be acceptable for a rag like the News of the Screws to "gather data" on someone who is breaking no laws and then sharing it with others?

Max Mosely had nothing to hide because it was *nobody's* business but his own, yet he now has to "fear" that his job is in jeopardy because of salacious tittle-tattle.

[Jim]

@Graham Marsden

"Max Mosely had nothing to hide because it was *nobody's* business but his own, yet he now has to "fear" that his job is in jeopardy because of salacious tittle-tattle."

You are still missing the point. The problem that many people have with him is that he demands that those he governs abide by THE RULES at all times. He then keeps changing THE RULES and plays the "it's my ball and I'm taking it with me" card when anyone complains.

Now, according to the article, there has been a Mrs Mosley for 48 years and one of THE RULES about having a significant other is that you "forego all others". He has lost credibility and, as he is president and the most public face of, so has the FIA. He is just bringing the sport in to disrepute.

Oh, and Bernie is not the F1 boss but the commercial rights holder, ie the one that makes all the money. The regulations (sporting and technical) and their application are the responsibility of the FIA.

As for the judgement, the article does not make clear under what terms the plaintiff requested the gagging order. As for money, how long before The Screws makes a large donation? Given that Max has made the same claim if he wins damages.

To me though, the most interesting unknown is who stitched him up (metaphorically of course)?

[Steve Roper]

So widespread publication abrogates copyright?

So, to expand on what Pierre has noted above, and what struck me as I read the judge's ruling: If a piece of media (video, audio etc) is deemed to be in the "public domain" simply because it is widely distributed, does this mean that just because a song has been widely distributed over multiple torrent sites it is now in the public domain - since an injunction is now supposedly beyond the remit of law?

Hmmm. Somehow I don't think so. The law works destructively; if the free distribution of a copyrighted work (such as this guy's ownership in this video) would destroy someone's career, then it's public domain. But if certain legal-favourite corporations even fantasize about losing money, then it's jail time for distributing it. In other words, you have to be in with the top mob to have the law working for you, otherwise it only works against you.

Which is why I have zero respect for the law - I'll only obey it if I think I'll get caught breaking it, or if it happens to agree with my own morals (i.e. I don't assault, rape or murder people, or steal from them etc). Peoples' respect for the law is only as good as the law's respect for the people. And right now, the law has zero respect for the people.

[William Ely]

If you don't want people to know

If you don't want people to know about your secret or possibly embarrassing fetishes DON'T RECORD THEM! I think leaks like this are little more than a PR stunt.

Paris because no one knew/cared she existed until a sex tape of her was leaked on the internet.

[David Haworth]

@Big_Boomer

> So, I guess they must be paying the hookers to stop.

You're missing the point. They pay the hookers to appear to whip them. Those of us who would whip them for free would do it properly.

[Alf Hooker]

Does the world need to know or care about Mosely?

So Max Mosely got his ares spanked and alledgeldy spoke in German, so what, has this directly affected anyone. No.

The News and screws has played on his fathers political views and many many people have been sucked in and then joined in a joint condemnation of the man.

Surely what a person does in their own time is up to them, if a man wants to get beaten with a paddle and shout 'Das iz gut ja', then so be it.

I am sure that there are many people, some in more important jobs than as the boss of the FIA, who regularly get thoroughly thrashed by ladies who get paid for it, do we know about these incidents, No.

Do we really care, No.

Does it affect their work, I doubt it.

These newspapers continually sell copies by feeding on the discomfort and pain of others, dont buy them, the old line of ,' I only buy this for the sports section' is a load of bollocks.

The Times, The Telegraph both have brilliant sports sections, they just dont have Nazi spanking headlines (and the content inside is usually intelligent and well reported).

So, i f you want to look at grown men being lashed and stroked, buy the news of the world

If you want to know what is newsworthy, buy the Times or Telegraph.

If you want lies, lies and more lies..buy the Daily Mail

[Anonymous Coward]

@David Wiernicki

Actually, the thumbs down was finish him and thumbs up was approval...

Hmm, a member of the Mosley family caught in a nazi themed S&M orgy.. Real daddy's boy.

Thumbs up Paris....

[Sikas Aparat]

@Graham Marsden, AC & other Mosely apologists

How would the Mosely apologists feel if their grandparents had died in the Auschwitz concentration camp?

[Anonymous Coward]

virtual rag

Horrible rag (NOTW that is)

[Spleen]

@Sikas

Exactly the same, because guess what, if he hadn't indulged in an S&M fantasy, my grandparents would still be dead. Nazi-themed S&M isn't insulting, it's silly and camp. You might as well say that school-related fantasies are insulting to victims of child abuse. Actually you probably will, I should stop putting ideas for further fake outrage into your head.

Perhaps for Mosley's next fantasy he could be whipped by people dressed up as the morons that write letters to tabloids. "Denk an den Kindern, Schweinhund!" *thwack* "Das sollen wir tolerieren?? Die Political Correctness hat ihre Verstand verloren!" *thwack* "Warum ach warum ach warum..."

[Anonymous Coward]

@Sikas Aparat:

Remind me who communicated the offence to the world?

Do I have to stop roleplaying because the NOTW says so?

[steogede]

@Sikas Aparat

>>How would the Mosely apologists feel if their grandparents had died in the Auschwitz concentration camp?

Probably quite upset, but I imagine they would have got over by now. Quite what that has to do with hookers in Nazi uniforms, I'm not sure.

[bobbles31]

More worryingly

Who the hell would actually WANT to see Max Mosely making the beast with six backs?

Mine the one with the darkened peril sensitives in the pocket.

[Matt]

well

Why doesn't he just copyright it and then sue them?

@Sikas Aparat

Nothing - the guy got padelled by dominatricies dressed up in nazi uniforms - a bit different to a whole nation commiting genocide against an entire religious sect, disabled, communists and homosexuals.

It's a bit like still being hung up by the slave trade - get over it.

[Mark]

Not as bad as..

Getting wanked off by prozzies dressed as McLaren mechanics. News of the world didn't manage to video that one however...

I'll get my Nazi uniform...

[Anonymous Coward]

@William Ely

"If you don't want people to know about your secret or possibly embarrassing fetishes DON'T RECORD THEM! I think leaks like this are little more than a PR stunt."

Does that mean he should be releasing a new album soon then?

Max Mosely does not need to make F1 or the FIA higher profile as it is already the biggest motorsport in the world. However, I would agree with the first point.

Muppet.

On the other hand, if you're goingg to do something wrong, do it right. Max certainly doesn't do things by halves.

[j]

Police Entrapment is Illegal

And I don't see why newspapers should be any different.

[Mr D]

Poor fella

Okay - he's loaded and will stay that way .. but dont take it out on him... So what if he likes to get his jollies paying hookers to act out fantasys ... it could be a lot worse....who among us hasnt thought about dressing up as hitler and having 5 tarts goose stepping for us whilst leading a heard of leather clad midgets across a lino covered floor greased up with baby oil whilst an albino strums "ride of the valkeries" on a harp ????

I mean ... if you cant have that sort of fun in the world and its thought of as sick ... maybe its not the type of world I want to be a part of ...

[Sikas Aparat]

@Spleen

"Exactly the same, because guess what, if he hadn't indulged in an S&M fantasy, my grandparents would still be dead."

Mine too, but they wouldn't have died if Mosley's father hadn't made fascism socially acceptable in 30s Britain allowing Chamberlain to compromise with Hitler.

The fact that Mosely is who he is changes things IMO.

"Nazi-themed S&M isn't insulting" maybe not to you, but it is to me.

"it's silly and camp".

No. Silly and camp is a description of my wardrobe style, not sadism carried out by a cryptofascist.

[Jeremy Wickins]

@ Sikas

"The fact that Mosely is who he is changes things IMO." - Are you REALLY saying that people should be held to account for the sins of their fathers? Where do you stop?

""Nazi-themed S&M isn't insulting" maybe not to you, but it is to me." - So what? What happens behind closed doors is absolutely none of your business. Your comments are typical of the current victim mentality of, "I am the only one who can decide what is wrong, and if it upsets me, someone must pay" that has created the current tyranny of the moralistic (note: NOT 'moral') that can get adverts pulled because a few people complain.

As others have mentioned, speaking as a motorsport fan of nearly forty years, there are some very good reasons for getting rid of Mosley from the FIA, but this is nothing to do with it.

On a legal basis, the judgment is consistent with previous cases on wide dissemination, but that doesn't mean it is right. It essentially means that there is an advantage for the publisher to get it on the internet, so that there will be no injunction possible.