FabSwingers.com forum: Taking Legal Action!!!

By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

Man, I see this on sooooo many profiles!

"Legal Disclaimer [Insert gumph here] Any breach [Blah blah blah]"

These are genuine questions.

1. Have you taken legal action over any of your pictures being reproduced without your consent?

2. Do you know someone else who has done so?

3. If you haven't had to do so, but have the "warning" in place, how would you do it?

4. Have you got a solicitor in mind and do they specialise in stolen porn?

5. Would you really go to court and by giving evidence, put it into the public domain that you had hot Fabswinger pics, which were stolen?

I know I've asked before, but I still get bemused when I see it. It is a genuine question though, and I'd really like to hear the views of people that put these disclaimers up.

Ta!

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By *inky_couple2020Couple
over a year ago

North West

The disclaimer is a load of bunkum BUT revenge porn, which refers to sharing intimate pictures via various channels to cause distress/offence and without permission IS illegal. It's also woefully under prosecuted. People should be able to report offences of that nature to the Police and not feel ashamed.

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

I absolutely agree. It's not really answering my questions, but thanks for commenting.

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

Sorry, that might have sounded uncaring. Is this something you've suffered from? In which case, I wish you didn't have to go through that.

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By *inky_couple2020Couple
over a year ago

North West

"Sorry, that might have sounded uncaring. Is this something you've suffered from? In which case, I wish you didn't have to go through that.

None of our pics have been shared, to my knowledge, no. I doubt ours are of the type/calibre to be nicked and to date, no one has fancied outing us. Hoping it stays that way, but I would personally report any "revenge porn" to the authorities. My tits being out is way less important than people not being able to manipulate me/us.

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

Okay, thanks for that, but it's a little off topic.

I think that responding to a specific instance of revenge porn (a criminal offence) and going to court over a copyright infringement (a civil offence) are very different things.

In the first instance, the Police and CPS would act on your behalf, and respond to your personal details that had unfortunately been made public, in the latter, your paying for a private prosecution and putting the material in the public domain yourself.

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

And of course I should add, nice boobs Kinky Couple 2020.

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By *inky_couple2020Couple
over a year ago

North West

"And of course I should add, nice boobs Kinky Couple 2020. "

Thank you, and I shan't divert your thread any further

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By *ophieslutTV/TS
over a year ago

Central

3 or 4 words profile with 1000 words of meaningless guff they copied from someone like themselves, is fairly typical.

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By *icolerobbieCouple
over a year ago

walsall

Who owns your pics when you post them on this website. I’m sure they become the property of the site once they are uploaded,

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By *adame 2SwordsWoman
over a year ago

Victoria, London

won 2 court cases for revenge porn. an ex and a twat on here

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By *ockosaurusMan
over a year ago

Warwick

"Who owns your pics when you post them on this website. I’m sure they become the property of the site once they are uploaded,

If you post it to a site you still remain the owner, but will be giving them full rights to store, reproduce or share the images (as that is needed for the site to be able to show any other user the images).

How far sites can stretch that usage has not really (as far as I'm aware) been tested in court.

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By *errero RochelleWoman
over a year ago

Chocoville

Lot of sheep who don't know how to fill their profile put that "legal crap" there.

I'd rather read a different sort of crap.

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By (user no longer on site)
over a year ago

This disclaimer thing makes me laugh.

Most copy and paste and leave "Facebook" in the text because that's where it started.

But the biggest laugh are the profiles asking for 100% discretion, and how "my husband/wife/partner" etc doesn't know and must never know, and the has the disclaimer. So you want 100% discretion, but you'll go to open court ...um....Am I only one seeing the contradiction?

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

"won 2 court cases for revenge porn. an ex and a twat on here"

Wow, that must have been tough going! It's ad that you had to go to those lengths.

But it's not quite the scenario I'm asking about.

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By (user no longer on site)
over a year ago

Not legal advice, but here’s my somewhat lengthy two pennies...

Imho, most of the disclaimers doing the rounds on fabs are utter bollocks! Copyright law has what is known as “first owner” provisions for works, which includes photos and I think another poster quite rightly pointed out that under copyright law, certainly in the UK, the first owner is the photographer: if the photographer is employed, it’s a different story, but I would say that a good proportion of the photos on here are taken by the subject of the photo or a partner.

So, the relevance of all that? The question comes when you upload the photos to a site on social media. Some sites claim to acquire ownership of the photos when you upload (by virtue of agreeing to their website terms). Not sure if there’s been much testing of such contractual terms. Nevertheless, the author of the work, in this case the person who took the photos, usually retains a separate right, known as moral rights (not a reference to the content of the photos

, which in some people’s eyes may be anything but!!), which can affect how images are used even after transfer of ownership.

As for enforcement, copyright law also has criminal provisions, but in my experience the police are very reluctant to get involved, mostly because they don’t understand copyright law (it’s not really part of the core training). I do wonder if the law of defamation can be used in some way to stop unauthorised use of photos, but I’m really running up against the limits of my knowledge on that one.

Jurisdiction is another issue. If the site hosted is outside of say England and Wales, say Costa Rica, how are you going to get images taken down? International conventions exist to extend a copyright owner’s rights to other jurisdictions, but again it comes down to engaging an overseas lawyer if you want to get serious legally. Kind of related, notices that talk about rights of privacy and all that may be all well and good, but given they are jurisdiction specific, eg EU law, is this really enforceable in the US, for example. Doubt it. Also, I doubt it actually needs saying to be enforceable and although I haven’t read the detail of fabs ts and cs, I bet there’s something in there as well. I just stick to a simple copyright notice.

Bottom line, if someone has stolen your images and uploaded them, then you can have a bit of a fight on your hands to get them taken down. That said, I’ve heard of a case recently on fabs where someone asked a porn site to take some images down (that had been copied without permission from fabs) and the site in question obliged. Not everything has to end in a lawsuit. Probably not the happy ending that most people on here would expect, but nevertheless a good one.

Ok. Speech over. Hope my insight is of help.

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By (user no longer on site)
over a year ago

Its utter horse shit. It's not legally binding, the information is wholly inaccurate. Good luck to anyone that thinks they stand a cat in hells chance of tracking down someone possibly on a different continent. No fucker could actually afford the legal proceedings anyway. If you find pics on some platform the owners will remove them if you shout loud enough. But you've got more chance of getting a large mammal up your arse than doing fuck all in reality.

That said. If it makes the people feel better that use the disclaimer then crack on. Who am I to judge.

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By *ersey GirlCouple
over a year ago

Glasgow

the disclaimer is up there with the word "exceptional" in that its far overused on this site.

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By *ilkChocManMan
over a year ago

Sanderstead

I like the ones that day fab is a publicly traded company!

Do wonder how many people pasting that at the bottom of their profiles even know what that means!

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By *estofbothCouple
over a year ago

Cardiff

More or less on topic, A photographer I worked with had some photographs of me “stolen” from his website, and they were used on another persons website presented as part of their portfolio.

It was noticed by a friend of mine who said they didn’t realise I had worked with “X”. Took a look at their site and sure enough there I was.

I was paid for the shoot so I didn’t own the rights to me anymore, but did let the photographer I worked with know, as they put a lot of work into the concept and look they were going for.

As I recall his solicitor sent a letter to the other guy and the photos were taken down. Had it got into a legal battle I’m not sure where it would have gone however as public domain etc.

As for the people with the disclaimers, that’s an immediate we won’t be compatible from us. We see it as a faux intelligence where people think they’re smart by writing the big word paragraph, when really it’s provided nothing over and above whatever rights you would have anyway.

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By *estofbothCouple
over a year ago

Cardiff

"I like the ones that day fab is a publicly traded company!

Do wonder how many people pasting that at the bottom of their profiles even know what that means!"

You quite often see fab bouncing around on the footsie

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By (user no longer on site)
over a year ago

I'm more of a giver myself. If anyone needs some action, just shout, legal or otherwise

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

But still no response from anyone that posts the "warning." Pity.

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By *ce WingerMan
over a year ago

P.O. Box DE1 0NQ

I have seen some quite comical ones over the years though

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By *estofbothCouple
over a year ago

Cardiff

"I have seen some quite comical ones over the years though

As you may or may not be aware this thread is a publicly traded entity and subject to the Martian law of 1842, therefore any and all responses below this line will require a royalty payment of £1000 per word to the best of both account.

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By (user no longer on site)
over a year ago

"But still no response from anyone that posts the "warning." Pity."

Mine has one! It's deadly serious and I've never caught anyone using my pics (well, not outside of wanking over them) to my knowledge, so it must be working!

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By *dsmithMan
over a year ago

Loudwater

The Sydney University one has been around for about 20 years I think I read. They must have finished their research by now.

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By *estofbothCouple
over a year ago

Cardiff

Is big Dave worth 100,000,000?

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By (user no longer on site)
over a year ago

"Is big Dave worth 100,000,000? "

One way to find out

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By *ornucopiaMan
over a year ago

Bexley

... Have you got a solicitor in mind and do they specialise in stolen porn?

..."

Love it!

It wouldn't be beyond the balance of probability that there are some using this site!

Equally, I'd take a punt that one or two others on here know a thing or two about soliciting.

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By (user no longer on site)
over a year ago

If you name search 'Sydney University' on Fab, you'll find a quality comedy profile from a Liverpool based guy.

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By *sm265Woman
over a year ago

Shangri-la

If I see a disclaimer on a profile I just roll my eyes & I know they haven't bothered checking out the site rules for a start.

It does amaze me how people think that they have any control over the pics they post on a public site on the Internet. The only real control you have is whether you post them in the first place or not.

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By *ornucopiaMan
over a year ago

Bexley

[Removed by poster at 06/02/21 12:02:33]

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By *ornucopiaMan
over a year ago

Bexley

"If you name search 'Sydney University' on Fab, you'll find a quality comedy profile from a Liverpool based guy.

I took a look at that and found it entertaining.

However, a degree (from Sydney University?) of proof reading before he posted it might have qualified it better for your description as 'quality' unless, of course, the errors were also piss taking examples (Cf. 'From the Message Boards' in Private Eye).

I'm hoping that his pictures were also part of the joke.

Well done, anyway!

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By *.D.I.D.A.SMan
over a year ago

London/Essex... ish... Romford to be exact

"Lot of sheep who don't know how to fill their profile put that "legal crap" there.

I'd rather read a different sort of crap."

Read my crap!

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By *teveanddebsCouple
over a year ago

Norwich

The warnings make a great filter. Who would want to meet someone that thought they actually made a difference.

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By (user no longer on site)
over a year ago

"More or less on topic, A photographer I worked with had some photographs of me “stolen” from his website, and they were used on another persons website presented as part of their portfolio.

It was noticed by a friend of mine who said they didn’t realise I had worked with “X”. Took a look at their site and sure enough there I was.

I was paid for the shoot so I didn’t own the rights to me anymore, but did let the photographer I worked with know, as they put a lot of work into the concept and look they were going for.

As I recall his solicitor sent a letter to the other guy and the photos were taken down. Had it got into a legal battle I’m not sure where it would have gone however as public domain etc.

I think a major practical point is, and as they try to teach kids these days, once you put it out there, it’s out there and there’s no taking it back!!

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By *rHotNottsMan
over a year ago

Dubai & Nottingham

Unless it’s a case of revenge porn which already stated is criminal anyway, it would be very hard to bring civil case for reproduction of pics you freely put on someone else’s computer.

To answer your other questions, as long as you are fairly switched in, you don’t need a solicitor, you can bring civil proceedings for money owed plus costs , ( compensation is a little trickier) online using a form on .gov now it’s called a Money claim and replaces the old county court system, it’s easy we’ve sued quite a few businesses , they generally settle before it gets to CCJ stage

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By (user no longer on site)
over a year ago

Any one requiring discretion should never, ever put any face picture on the internet, or anything else that can clearly identify them. If it's on the 'net' you have lost control of it

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By *rHotNottsMan
over a year ago

Dubai & Nottingham

"Lot of sheep who don't know how to fill their profile put that "legal crap" there.

I'd rather read a different sort of crap.

Read my crap! "

Haha.... exactly, if I was a student of sex I’d be downloading the entire database here

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By *bat OP Man
over a year ago

Alicante, Spain. (Sometimes in Wales)

"Unless it’s a case of revenge porn which already stated is criminal anyway, it would be very hard to bring civil case for reproduction of pics you freely put on someone else’s computer.

I'm not sure if you get where I was going with this. If anybody reproduces any of my pictures, I probably won't even know, and I take the tack that once it's out there, it's out there. To be clear, I'm not asking about this because I'm worried about it in any shape or form.

I know you can use a simple form to claim money owed, (we've done it!) but that isn't the same as somebody saying that they will take legal action if their pictures are reproduced.

My point is that a) I don't think many people would know how to do that and b) I don't see many people going to court and identifying pictures of their genitals for the jury to decide a case.

I think the whole warnings thing is silly.

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