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back to article 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 …

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Paris Hilton

Hmmm...

This story gets more fishy by the hour.

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Silver badge

Seems to me...

1) Find smutty pictures on phone

2) ???

3) profit!

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Whinging Ozzies

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!

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Spongers

Wouldn't the people who are in the pix be entitled to any cash?

The money-grabbing bint in the story certainly isn't the creator of the work.

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Er...

could they not use the well known ruse of comparing the pictures with their various members of staff?

So the student isa little disgrunteld eh? I guess the compo wasn't forthcoming then...

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Pirate

Ok, ok

Firstly, it's a brilliant idea..

Secondly, it'll be pulled by eBay before it finishes..

Thirdly, do we get to see what said University girl looks like??

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Anonymous Coward

Another one for goldenpalace?

Either way, I don't care so long as we get a copy of the ozzy smut baron

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Paris Hilton

Isn't it against ebay policy...

...to try and punt indecent images on their flea market site?

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Anonymous Coward

(untitled)

Dick Smith couldn't buy world wide publicity like this. Why should they want to stop it with an apology ?

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Silver badge

Re: Copyright and stuff

Nah, she's just selling a shop soiled product.

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Rob
Stop

@ Paul Naylor

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.

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Anonymous Coward

Formally known as...

Now the colloquial term "Smith's Dick" fits.

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Coat

@ Rob

Ah yes, I hadn't thought of that!

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Go

IDB?

Just how anal would you have to be, to complain about this sort of thing?

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Happy

Super business wheeze

Surely someone should look into selling mobiles pre-loaded with amateur pr0n. Given the amounts available on the web it must be a huge market and you could have fun trying to play "spot the star" round town.

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Turning Japanese, I Really Think So

<quote>shots of the woman in her bra and pulling her pants down".

Cue outrage, internal investigations, demands for compensation, and so forth.</quote>

Internal investigations? I bet there were!

Fnar.

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AC has a point

Im sure eBays terms of use forbid porn, in fact yes I do know they do 'cus of a suspended paypal a/c

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Gates Halo

Ebay Ts&Cs

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.

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J
Coat

Hm...

"The money-grabbing bint in the story certainly isn't the creator of the work."

Are we *really* sure of that?

Do the phones put a time stamp on the pictures, e.g. in the file system?

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Paris Hilton

funny

haha sooo funny, be interesting to see if

a) ebay doesnt pull it (the phone that is)

b)how much some gimp will pay for this.

Paris because 49 pr0n piccies of her on a phone would fetch more than this will.

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Missconception

Ebay does allow porn and adult stuff. Its just hidden . You cant use paypal to pay for it either.

its under Ever thing else and Mature Audiences. Oh it there and every thing you might or might not want to see.

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Gates Halo

when I bought a 2nd hand sony clie (palm)

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

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@Rob @Paul Naylor

<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

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Anonymous Coward

the Electronic Dick

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.

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Paris Hilton

She is looking for cas$h

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.....

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Paris Hilton

J is spot on

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.

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@ J

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...

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Paris Hilton

Ethical test?

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 :)

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Paris Hilton

So

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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