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Post by stoney on Dec 12, 2009 13:07:05 GMT -5
Swimmy, you're a lawyer. Comment?
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Post by Swimmy on Dec 12, 2009 13:14:17 GMT -5
I'm not qualified to argue the legalities, but my instinct tells me a good lawyer would be prepared to argue that both victims' reasonable expectation of privacy was violated. I.e., the Katz test. Larry is a representative of the government, after all, and one of the victims is not. If the picture was taken from the roadway, there is NO legal expectation of privacy and the picture can be used for whatever means. New York State does not recognize any of the civil right to privacy torts that other states do, except for the invasion of privacy (appropriating the plaintiff's identity for the defendant's benefit). Anything viewable from the street is fair game. As long as Larry didn't use a thermal imaging device, there is no legal authority to prevent him from posting it. |
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Post by stoney on Dec 12, 2009 13:16:21 GMT -5
Damn, Swimmy! You're good!!  |
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Post by Swimmy on Dec 12, 2009 13:17:30 GMT -5
Why thank you  |
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Post by bobbbiez on Dec 12, 2009 13:37:39 GMT -5
Ok you two.................knock it off! ;D Swimmy, I have a question for you too.  Do you have whip marks on your behind? 
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Post by Swimmy on Dec 12, 2009 13:43:39 GMT -5
I wish. I keep offering, but she keeps declining. lol
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Post by dgriffin on Dec 12, 2009 14:13:12 GMT -5
So do you think it would be smart for Larry to post it, Swimmy? Or smart not to.
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Post by gearofzanzibar on Dec 12, 2009 15:21:11 GMT -5
My question would be this. If there is no productive purpose to posting the picture of a truck parked at the curb, why are you so damned insistent that it be posted Gear? Because I'd like to see it. It is, after all, a totally innocent, perfectly legal picture that, because of subsequent events, has gained some notoriety. The metadata would be interesting to examine since it would clearly refute any criticisms of the circumstances under which it was taken. Mr. Tanoury would, of course, be totally within his rights to continue the secrecy around it. I'm not sure why he would want to hide something that would totally vindicate him, but that's his decision. It does seem rather curious that I've been smited 4 times for simply bringing this up. Heh. |
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Post by bobbbiez on Dec 12, 2009 15:37:07 GMT -5
Ohhhhhhh. not nice to smited someone for just questioning or disagreeing.  Not guilty. I didn't do it. 
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Post by Clipper on Dec 12, 2009 16:06:56 GMT -5
Oh dear Gear. I fixed the Karma thing. You have a fresh supply, haha. I didn't smite ya, just questioned the motive for needing to see the picture. LOL
Santa must have brought ya a little Karma for Christmas. Not as good as cookies, but I don't bake, so it is handy to have the key to the Karma locker.
Hmm. Maybe I better go look at my own. I may not have any left either. I never pay attention to it. LOL
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Post by dgriffin on Dec 12, 2009 16:21:48 GMT -5
This is as good a time/reason as any for Ralph to kill the karma thing. If someone is going to smite another for making his or her argument, I would say it's a misuse of the facility. It may be free speech for one to smite without acknowledging it, but a cheap shot. If anyone cares, I suppose. IMHO, of course. Back to the argument. Gear, I would want you for a knowledgeable source, but not as a personal adviser. |
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Post by Swimmy on Dec 12, 2009 16:26:09 GMT -5
Gear, trust me, I did not smit you.
Bobbbiez, I don't know whether it's smart for Larry to release the photo. From a legal standpoint, there is nothing that would expose him to liability if he did. From a political standpoint, well, I question why he took it in the first place. I would think there were better ways to suggest Fiorni abstain without risking what happened.
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Post by Swimmy on Dec 12, 2009 16:27:09 GMT -5
So, to answer the question, I dunno. That's a decision for Larry to decide. Now that the cat is out of the bag, I tend to agree with Gear in that there's no harm now in releasing this photo.
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Post by gearofzanzibar on Dec 12, 2009 16:54:46 GMT -5
Oh dear Gear. I fixed the Karma thing. You have a fresh supply, haha. Nah, set it back to -1. If people take disagreement that personally I'll wear it as a badge of honor. |
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Post by Clipper on Dec 12, 2009 17:08:36 GMT -5
Your wish is my command. I never paid much attention to the Karma thing. It seems to be used mostly by those that have a personal beef with another member and lesser so to exhalt someone. The humorous thing is that most don't realize they have been smited, and the only reason I see it is because it shows on the security log in the admin section.
I see no problem with the feature, and if it is a way to take a satisfying smack at someone you disagree with, I would say it serves a purpose that is harmless to anyone.
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