Dick Smith pr0n mobe heads for eBay The mobile phone at the centre of the Dick Smith Electronics preloaded porn scandal will on Monday hit eBay complete with the snaps that reduced a sickened Cairns woman to a state of shock. One of the Dick Smith mobile phone snaps For those of you not up to speed on the whole sorry affair, the university student was sold a …
I don't know how copyright law words down under but aren't the photos copyrighted? Presumably the little princess that's flogging the phone has the permission of the 'participants' in the photos and has model release forms all sorted out? Thought not...
I'd sue for copyright infringment. That'd be a larff!
Reading the adults only restrictions, it seems to say that this may or may not be covered by those rules, at the sole discretion of eBay and depends what mood they're in. So yeah, probably gonna be pulled.
If she were selling the photos on CD then it would be covered but she may be selling it with the caveat that these photos are there and she doesn't know how to get rid of them. Which may or may not breach their terms depending on their mood.
Bill, because Paris wouldn't get out of bed for this story.
the guy sold it with a 32MB memory card, I paid for it in person (low-rated ebayer). he hadn't done a factory reset, so I did it and he was happy.
a few days later I discovered that there were some dodgy hard-core pix of him on the memory stick. fortunately for him, I'm not the sort of barsteward who'd upload them or sell them back to him, I simply deleted them. never told him, I figured ignorance is bliss.
ok, so your ethical test would be if you bought a phone or camera off ebay and it, unknowingly, had been owned by a celebutard and had some interesting pictures.... what would you do:
1/ sell to Sun
2/ share/upload and humilate
3/ blackmail
4/ quietly delete and never tell anyone
<quote> The thing about copyright is, it has to do with the making of copies. She isn't.
Seems to me, it'd be a legitimate sale under first sale doctrine.</quote>
I reckon Rob's got a point: whether there is active duplication or not, wouldn't the photographs still be classed as master copies and therefore (potentially) have their distribution restricted by the photographer/person(s) depicted under copyright law as per the original suggestion?
If that doesn't follow, First Sale doctrine requires items <cite Wikipedia*>originally produced by or with the permission of the copyright holder</cite> so I imagine you could probably use your image rights to claim sale without permission.
(Speculation, IANAL. Takers?)
* YIK, sorry
Dick Smith sold his company to Woolworths years ago, so complaints should be directed there. IIRC, he's since deplored the direction the shops have taken, selling toasters and electric jugs etc.
When Dick Smith Electronics was an up and coming enterprise in the late 1970s, the livery on some of his delivery vans included the title "The Electronic Dick" . nudge nudge, wink wink etc; well it was the era of Benny Hill. Perhaps some of that early spirit lives on in DSE shops in the Far North of Australia, just adapted to modern technology.
This is a beat-up from some bimbo who wants cas$h from Woolworths (the owners of Dick Smith electronics in Australia)
9 out of 10 Aussies would have thought this was a bonus - this biatch is just going for her 5 mins of fame....
I would love to know the identity of the shop girl - I might go and buy a HD video camera off her....
Paris - because she knows what it's like to have images such as these shared globally.....
Zero proof has been demonstrated that this isn't a hoax at this point. The media (specifically, the Cairns Post) have just picked it up and all the other papers have taken it as gospel.
I would not be surprised in the slighest if it was a hoax, esp given Dick Smith hasn't been able to get the phone.
Paris, because somebody at Dick Smith should give her a job.
My thoughts as well.
Woman claims to find pics including a DSE employee outside said DSE outlet and some amateur porn and wants compensation. When none is forthcoming, attempts to make money flicking the phone off on eBay.
Hmmmm.
Buy an ex-demonstrator mobe, find a pic of a uniformed (read: "fully-clothed") staff member on it (left over from when they were showing a customer how it takes photos), snap a few more pics but of a risque nature, take it back and demand compensation, while making a big song and dance in the media to hopefully shame the company into coughing up. When the company drags its heels, make a big song and dance about recovering your "losses" somehow and attempt to sell it to the highest bidder.
Would almost be worth buying it just to check the datestamps of the pic files and compare them with the date on which it was purchased.
Almost.
Revealing the woman to be a fraud would be better value than a pic of some bloke playing with himself and a bit of amateur striptease.
One notes that the phone was not returned to DSE for examination as they asked - perhaps because any investigation would reveal that the "offensive" pics were indeed snapped after purchase...
ok, so your ethical test would be if you bought a phone or camera off ebay and it, unknowingly, had been owned by a celebutard and had some interesting pictures.... what would you do:
1/ sell to Sun
2/ share/upload and humilate
3/ blackmail
4/ quietly delete and never tell anyone
---
Well... 3 is likely to get you arrested and not be much fun, 4 would be kinda dumb!
So I think I would have to sell it to the Sun, and THEN upload it after I got my money :)
So looking at the comments , how jaded and cynical we have become in the 21st century of propaganda of flogging guilt before proof of being innocent and so forth(with politicians that be a different matter as they are always guilty of misconduct and lying at any time for that is the nature of that particular beast throughout human history).
However in Oz , surprise , surprise with high tech gadgets like mobile phones reselling return stock as new or demo models is a fairly frequent problem and a number of units have had some questionable photographs as well.
As for the Store manager in question he/she be a total wanker given the latitude they have been given .
But also how soon we forget with flash memory delete does not mean delete either , choices indeed ?
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