Any Attorneys and computer gurus here?I Need help bad!

Discussion in 'Archived Threads 2001-2004' started by Eve T, Jan 5, 2003.

  1. Eve T

    Eve T Supporting Actor

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    Hi, I don't really know where else to turn and was hoping there were a couple of lawyers on here who could give me some legal advice.
    There are a few unsavory characters who don't like me to very much and decided to take a picture off of my webpage and photoshop my head onto a VERY discusting porn pic and post it on a family web board. The thread of course was whacked and the owner of the web board is trying to pin point the ip and trace it. They have his email address that the suspects web board password was sent to which is an AOL account. Since they whacked the thread and he deleted all his topics they don't have his ip logged which is why they are working to get it.
    In any event, what this creep did..is it a crime? Can I take legal action against him for doing such a terrible thing? My friends and family saw that gross picture and I felt like I was raped online. Why someone would feel they have a right to do that to another human being just because they don't like them for whatever reason is beyond me. I don't know how the guy looks at his sister, mother or wife with a straight face because I imagine if someone did it to someone in his family he would be quite upset about it. I don't know where to begin. Do I call the police department? Phone a lawyer? Call his ISP? I saved the page onto my computer by doing a print screen and saving it in photoshop as evidence but beyond that I don't have much. I wasn't the only person he did this to. He also posted pictures of another member of the board and another picture of another board members car with some real nasty photoshopped images on the car.
    What can I do? I feel so violated and am in shock. I don't want this guy to do this to someone else. Please if you have any advice or how to track him or what to do to file a complaint (if I can even file a complaint) let me know. [​IMG]
    Thank you in advance,
    Eve.
     
  2. Michael Reuben

    Michael Reuben Studio Mogul

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    Sorry to hear about this, Eve. Now my standard advice to people who seek legal advice in a public internet forum: Don't. The communications aren't privileged or confidential, and there's no professional accountability.
    That being said, I'll give you a quick answer, which is worth precisely what you're paying for it. [​IMG]
    There probably isn't a crime here. There are certainly private causes of action you could pursue (although proving damages sufficient to justify the cost of suit might be a problem). And, of course, first you'd have to identify and locate the defendant. If that ever happens, make an appointment to see a lawyer face-to-face for an evaluation. If you don't know a lawyer, consult the local bar association; most of them have a referral service.
    M.
     
  3. Mike Lenthol

    Mike Lenthol Second Unit

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    Just how good of a 'photoshop job' was it to take it this seriously? [​IMG]
     
  4. Eve T

    Eve T Supporting Actor

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    I assure you Mike it's no laughing matter. Let me give you a bit of background on this pic and thats all I'm going to do because the rest would probablly disgust you. Lets just say the female who was in this picture had a beer can in a not so good place. It was the filthiest smut I had seen.
    So it's not against the law the post porn on a family site and put someone eles's face on the picture? Whats this world coming to? I feel I have no rights.
     
  5. Mike Lenthol

    Mike Lenthol Second Unit

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    You certainly could get him on libel and copyrights, it's just a matter of much you are willing to spend to teach someone a lesson.
     
  6. Eve T

    Eve T Supporting Actor

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    Thats the problem I don't have a lot of money but I really want him to pay for what he did. He did it out of malice and it really hurt me. Hurt my husband to see such a thing to. I just need to know what to do first. Can I file a complaint at my police department, can I contact his isp and if I do contact his isp what do I say? Do I forward the page I saved? I just don't know where to begin. [​IMG] [​IMG] [​IMG]
     
  7. Philip_G

    Philip_G Producer

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    I hate to be so negative, but generally if you don't want your photo floating around on the net, don't put it there.
    sure you've got the copywrite to the original, but it doesn't sound to ME like there's any real crime here, just a distasteful joke. [​IMG]
    why not ask the moderators or admin of the other board to remove it? if they haven't already..
     
  8. Cam S

    Cam S Screenwriter

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    Eve, I know it's a tough pill to swallow, but there is probably nothing you can do about this. It's a shame your family had to see the picture, but on the internet, your safe from nothing. Take the picture, and think nothing of it, even laugh at it. Make yourself realize it isn't real, it isn't you, just your face pasted on another picture. Your family will understand what happened to you and I hope won't hold anything against you, as you did nothing wrong.

    Just don't beat yourself up about this, as it will just cause you more unwanted stress.
     
  9. Chris S

    Chris S Cinematographer

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    If you really want to get some sort of inexpensive justice I suggest you contact the isp. Especially if they used an their AOL account to host the image. AOL is a pretty family oriented ISP and I'm sure if raise enough of a ruckus you could probably get the account suspended. I think that would probably irritate them quite a bit. But in doing so you might be starting down a confrontational path you might not want to travel.

    Chris S.
     
  10. Patrick Sun

    Patrick Sun Moderator
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    Alyssa Milano has her mother tracking down all of her faked nudie photos that get posted on websites and she does go around and sues the perps (these are faked/photoshopped photos, there are real nudie photos of her floating in cyberspace that she can't do much about). But, Ms. Milano have plenty of money to throw at lawyers to do the suing.

    If you don't have the money to go after the perps, just hope that the ISP is doing what it can to remedy the unseemly situation. Don't let this event eat at you, try moving on a little each day, and before you know it, it'll be a distant memory and you'll have focused your attention and energy on something worthwhile.
     
  11. JayV

    JayV Supporting Actor

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    Eve, Mike Reuben gave some very important advice, so I'm just going to reiterate it:

    Don't get legal advice from a public internet forum. I saw a chili recipe on the internet that included carrots. Carrots, can you imagine? This lunatic may be the same one offering "legal" advice elsewhere.

    Finally, I can understand why you feel violated. I don't think you should shake your head and put it out of your mind. But at some point, the more worked up you get, the more the act is having its desired effect.

    Best of luck!

    -j
     
  12. Cees Alons

    Cees Alons Moderator
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    If it's any consolation at all: a tasteless photograph like you prudently described was in my e-mail SPAM heap some weeks ago. Probably that one (with someone else's head on it) is all over the Internet. And most probably that's also how they got it. Even superficially it looked as if it was not necessarily just the head that was photoshopped.

    Your family or acquaintances can't even start to think that could really be you (or anyone else for real).

    Cees
     
  13. Eve T

    Eve T Supporting Actor

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    Cees, you got that same picture but it wasn't my head photoshopped on it but someone elses or was it my head on there? Jeesum wonder how many people are looking at my head on this sick picture?
    Sucks to be popular... the thing that hurts the most is I did nothing to warrent such abuse. I don't even know my attackers on a personal level. Sick world we live in. [​IMG]
     
  14. Danny R

    Danny R Supporting Actor

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    Just curious Eve, but how old are you?

    I know one online female acquaintance who had something simular done to her. However the headshot picture they used was taken while she was only 17 or so years old, thus promoting the crime to that of child pornography. This allowed her to pursue the perps for actual criminal charges. She dropped the case after the folks publically appologized however.
     
  15. Cees Alons

    Cees Alons Moderator
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    Eve,

    OK, no, I can't really tell whether it was your head or not. But it's not likely. Whoever made that picture had the cooperation of a girl who cannot be too prude, so her head will most probably be on the distributed pictures together with the rest of her (I really don't remember what the "message" or intention of that post was).

    Look at it this way: probably very few people ever saw "your" version and it has now been removed from the Internet. Those people either don't know you, or if they do won't realize it could be you. Those few who do know you and think that head is yours, quickly realize the scam (and once people realize it, they can often see it too).

    So, yes, it's still disgusting and a bit annoying and most of all: very, very immature.
    And yes, you have a moral (and probably legal) right to have it removed from the public domain whenever you encounter it. And yes, if you find out who did it and in particular if you happen to know those people, they have to answer some harsh questions. And yes, if it's subsequently used in an inappropriate manner it could certainly even establish a legal case for you against the perpetrators.

    But I'm sure you must realize that no-one who really knows you will ever change his/her mind or opinion about your person for a dirty thing like that. Because it isn't you, period. (As I said before: if it's any consolation to you at all...)

    Cees


    (I removed your double post)
     
  16. Ryan Wright

    Ryan Wright Screenwriter

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    I think Eve is beyond the age of consent here.

    Eve, you might be able to pursue a libel suit, but I doubt it would get very far. You'd have to prove that this person really caused damage to your reputation. I doubt anyone would believe it was really your body under that head, so you really don't have many options here.

    People do sue for psychological damage, embarassment, etc, though, so you might have an angle there. You'd have to talk to a lawyer.

    If you can find the ISP, you can have his account shut down. Beyond that, though, I also suggest you move on. It sucks, I know, but look at it this way: Some day, these things will catch up to him, and he will get what he deserves.
     
  17. Mark Zimmer

    Mark Zimmer Producer

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    Eve,
    It depends a lot on where you live and how computer-savvy the cops are there. Some states have cybercrime laws that could be used on the perp. Of course, you have to figure out who he is first, and it sounds like that may be a serious problem. For a criminal proceeding, you need to call the cops and/or get the DA involved. A private atty won't help you here at all, beyond refer you to them. If you're lucky, the police will have a cybercrime unit that may be able to help you out.
    You might have a civil claim for libel or invasion of right of publicity (these go under a variety of different names). But again, this will vary from locality to locality. A private atty can help you here, but 9 times out of 10 even if you can track down the character he'll be judgment-proof so you'll have spent a lot of money for nothing.
    Good luck. If nothing else, consider yourself lucky that all the scumbag did was photoshop your head onto someone's body---with the rampage of identity theft these days, he could have wrecked your credit rating for all time with his computer. Say goodbye to ever getting a loan or a good job again. [​IMG]
    Mark
    The foregoing is not legal advice and you should contact an attorney in your jurisdiction for advice if you have a situation similar to the foregoing.
     
  18. Phill O

    Phill O Stunt Coordinator

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    Man this just sucks. The thing some people do....
    All I can recommend is, you are very upset (and rightfully so)
    But do not make any rash decisions that will cost you in the future. Good luck.
     
  19. Eve T

    Eve T Supporting Actor

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    interesting update
    I did some searching around and found his account on the image hosting site that he used to upload the pictures to. He's just put another one up that he must have made today.
    Anyway, the sites rules state that it is against policy to upload ANY
    offensive or pornographic material.
    This is a picture hosting site that you have to PAY to use and list a valid email to. [​IMG]
    They will not only have his ISP but his billing information as well.
    I thought to myself, self...I bet that image hosting site would like to know about one of thier members breaking their policy rules so I emailed them just a second ago telling them the horrid tale and putting a link into the email of his account. The dork didn't delete them yet and is obviously not done harassing other certain members of a BB I'm a member of.
    So I'm thinking if I want to track him down and file any type of charges it wouldn't be to hard to find him now seeing as how the sick guy paid to distibute this smut.
    Thanks for the advice everyone. Hopefully if anything his ISP will shut him down. Of course he'll just get another ISP but this will be some type of pain in his rear....
     
  20. Trevor H

    Trevor H Second Unit

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    Hey Eve,
    Once you find out who this dirt-bag is you could always introduce him to your good friend Colt [​IMG]
    ... on second thought maybe take Phill O's advice
    Anyways, I think it is shitty that someone would do that to you (or anyone else for that matter) and I hope it is resolved to your satisfaction.
     

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