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Shesahomewrecker.com

Discussion in 'Copyright, Trademark, Patent Law' started by DSP85, Mar 3, 2016.

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  1. DSP85

    DSP85 Law Topic Starter New Member

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    Hello,
    I posted a picture and story of my husbands ex-mistress on the website shesahomewrecker.com. The picture is one that she sent of herself to him. The original picture shows her breasts but i posted stickers over the breasts so you can't see the nipples. She sent the picture to him through facebook messanger and he saved it to his phone(where i got it). The story is true and I have all of the evidence to back up my claims- that they texted each other thousands of times, that I have all of the conversations of what she said in PDF format, and that I have all of my conversations with her on Facebook. She said that if the website doesn't take them down that she will take me to civil court. We both sent requests to remove it to the websites DMCA email address claiming that she took the picture and I did not own it and it was not in public domain. The website says that it will remove DMCA violations within 72 hours and it has been 2 weeks. Does this actually violate DMCA or can she go after me for anything else?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Posting the picture was stupid and, as you can see, got you nothing but trouble.

    I doubt that it's a DMCA violation which might explain why the website isn't taking it down.

    CAN she go after you? Of course, she can. Whether she can do it successfully is anybody's guess.
     
  3. ElleMD

    ElleMD Well-Known Member

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    Further, if you obtained the picture and information by illicit means such as taking your husband's phone, hacking his account, or pretty much anything other than he voluntarily turning it over to you, you face potential issues on that front as well.
     
  4. DSP85

    DSP85 Law Topic Starter New Member

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    Nope. Didn't have to hack anything. It was just left in his photo gallery next to pictures of our 5 year old and 6 month old baby. We share those with eachother. He forgot to erase it or move it to his secret flash drive with all the other pictures of her.
     
  5. army judge

    army judge Super Moderator

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    The smartest thing you can do now is divorce the philandering, cheating bum.
    File for child support, get that divorce, wash the foul stench of his being out of your hair and life.
    Much like dope addicts, cheaters rarely reform, so move on.
    As far as the picture of THING he cheated with, why worry about IT?
    Is THAT even worth a second of the precious time you could be exerting on your child(ren)?
     
  6. DSP85

    DSP85 Law Topic Starter New Member

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    If only it was so easy...
     
  7. ElleMD

    ElleMD Well-Known Member

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    Well, when you do what you did, you just make it 10 times harder than it has to be. It certainly does not improve the situation and creates lots of new ones.
     
  8. DSP85

    DSP85 Law Topic Starter New Member

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    That's for damn sure.
     
  9. d1amund

    d1amund Member

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    Welcome to modern times where people attempt to solve matters via social media. Works out so well doesn't it ;)
    Do what you can to get your life in order for yourself and kids. Who cares about the "home wrecker" anymore; there will always be another home wrecker, your problem is with your husband.
     
  10. DSP85

    DSP85 Law Topic Starter New Member

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    Ok so here I guess are my more specific questions.

    a) Since she gifted the image to my husband and it is worth no monetary value, is it joint marital property and therefor i own it as well?

    b) since Oregon law says the "unlawful dissemination of intimate images" is defined as "Genital, Pubic area, female nipples, or in the midst of a sexual act", and i covered up the nipples in the selfie, does it violate this law?

    c) Since i didn't give out any of her personal information- people could do a facebook search and find her- is it against a privacy law? It is MY story that i am venting therefore similar to a public diary of sorts...

    d) The website states "all posts on the site are of opinion and are for entertainment value only" (AND i have all of the proof of an affair) can she successfully try a defamation/libel case?
     
  11. ElleMD

    ElleMD Well-Known Member

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    a. Don't be absurd. It is his property and his alone.
    b. That would be for a judge and or jury to determine.
    c. That kind of logic can get you in a heap of trouble. A "public diary", by which I assume you mean blog, would not be a safe harbor either.
    d. Absolutely. That statement is to protect the owner of the site, not posters to the site.
     

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