US couple sue over McNudes

Going about it the wrong way

The guy should be suing for copyright violation, not emotional distress. After all, the photos in question are intellectual property, protected by copyright law.

Then he just needs to get some of the RIAA's intellectual property lawyers involved and he's golden.

Other thoughts

When was the phone missing, vs when where the pics found?

How were the pics found, which of the two regularly browse for pr0n?

So if the phone goes missing in the afternoon, and the misses finds the pics 'a day later' ... scam and fail

Paris, cause she's her own IT angle these days

Think before Clicking

Lord knows we've all done some less than brilliant things while in the heat of passion and or other intoxicants, but I'm still amazed at the number of people who take nudie pictures of themselves or others, then fail to consider that they may wind up in someone else's hands.

On a phone no less, an item that is routinely loaned to friends and co-workers, and that is a favorite "toy" to small children. I'm even cautious about what I leave on my desktop hard drive at home, and can't imagine leaving this kind of thing on my cel phone or laptop!

@RotaCyclic

I agree (as per my earlier post) with your gist, though I disagree with your statement that the judgment would be in favour of the _plaintiff_; quite the contrary!

@James: As I said... nobody knows how long that phone was lying around unattended. That alone should make any case against McBarf's the company, the particular franchise involved and any of its employees and management truly null and void. But I have full confidence in the U.S. justice system yet again perverting itself.

why is it rediculous to keep....

you wife's or girlfriends full name, address and telephone number on your phone...

what if you were in a accident, your phone will be a good way to contact your family quickly if all the details are present and correct....

I can here the replies of "they should be able to trace you through the content of your wallet", Well I do not always take my wallet out with me, where i do always take my phone...

mines the one with the phone in the pocket !!

Policy

I expect that it will be entirely McDonalds' fault unless they can produce for the court's perusal their detailed policy on what to do with a lost mobile phone with nude pictures on it.

Paris, I think she would sympathise with that poor woman who has her nude pictures on the interweb... and Paris might know how to make more money out of it

nevermind McDonalds, the government needs to step in and help them at once

And order them to go back to school for a couple of years and be given lots of free lessons specifically focussing on "common sense"

Although they don't seem to need any help in the "how to cook up a plan, choose a target and milk them dry" department.

I hope it gets thrown out.

Might be hard

They do need to prove who put it on the net first, IMO.

Why should the tribunal believe them and not the McPeople?

Then, suing McDonald's itself is an obvious attempt in getting the

biggest amount of $$$ possible. What was the chain supposed to do?

Tell all its employee that they should respect people's privacy?

Perform complicated psychological tests on every potential employee

to check they would not do that?

I hope they get very little cash.

Survey

RotaCyclic :

"A survey was conducted asking American's how they would get rich and the majority answered by sueing someone."

While I don't doubt that Americans aren't the most moral of people going, do you have a link to any evidence pointing to the existence of this alleged survey?

Although, if the majority of the respondents answered by sueing someone instead of checking the little box or what-have-you, I'm inclined to think this does indeed back up the image of a sue-happy society you attempt to conjure up.