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Old 03-25-2008, 12:17 PM   #21
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Originally Posted by thewise1 View Post
Would it honor you, Thorgrim, if I used your picture to advance a libertarian point of view?
If a sibling or I were to sign up with the military to help a liberal cause in a liberal way...say a special forces operation to help decimate genocidal gangs in Darfur

You, as libertarians, might then argue such intervention overseas is bad...just like Kosovo, blah blah

Anyway, one of us gets killed, would I be upset if the LP started using it as a piece of art, not as something you could use and everyone would automatically know who everyone was

No, I would not...the death was meaningful...someone exercising the 1st amendment in such a way does not even come close to taking down the meaning of such a death
 
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Old 03-25-2008, 12:48 PM   #22
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Originally Posted by Thorgrim View Post
If a sibling or I were to sign up with the military to help a liberal cause in a liberal way...say a special forces operation to help decimate genocidal gangs in Darfur

You, as libertarians, might then argue such intervention overseas is bad...just like Kosovo, blah blah

Anyway, one of us gets killed, would I be upset if the LP started using it as a piece of art, not as something you could use and everyone would automatically know who everyone was

No, I would not...the death was meaningful...someone exercising the 1st amendment in such a way does not even come close to taking down the meaning of such a death
This is not being promoted as a piece of art. It came from the Huffington post. Its purpose is political propaganda and sensationalism. Calling it anything other than that is deceitful.

Nico Pitney: A Mosaic: 4,000 Americans Dead - Politics on The Huffington Post
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Old 03-25-2008, 02:07 PM   #23
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Originally Posted by thewise1 View Post
You have no right to use their image to promote your view, just like the government shouldn't have the right to do so.
Actually he has a constitutionally protected right to do so.
 
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Old 03-25-2008, 02:16 PM   #24
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Originally Posted by Scrum View Post
Actually he has a constitutionally protected right to do so.
So someone can use your picture to promote a non-profit group/cause without your permission? What if they're promoting the loving, sensual nature of receiving anal from gay men and make you the poster boy.... they're not selling anything, they're not looking for donations. They just want everyone to know how wonderful it is and happened to come across (no pun intended) a picture of your face that had the exact expression they wanted so they used it on their posters and website.

You're ok with that? That's "constitutionally protected"?
 
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Old 03-25-2008, 02:24 PM   #25
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Originally Posted by 7960 View Post
So someone can use your picture to promote a non-profit group/cause without your permission? What if they're promoting the loving, sensual nature of receiving anal from gay men and make you the poster boy.... they're not selling anything, they're not looking for donations. They just want everyone to know how wonderful it is and happened to come across (no pun intended) a picture of your face that had the exact expression they wanted so they used it on their posters and website.

You're ok with that? That's "constitutionally protected"?
It is actually... HOWEVER, if you are damaged by what he does you can seek compensation in civil court.
 
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Old 03-25-2008, 02:33 PM   #26
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you're lying to yourself if you really think this

you would be pissed if your image was used without your authorization to promote libertarian ideals that you don't agree with
 
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Old 03-25-2008, 02:35 PM   #27
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I meant moral right. I'm not suggesting this should be illegal, I'm suggesting it's tacky as fuck.
 
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Old 03-25-2008, 02:35 PM   #28
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quick reply owns me so bad
 
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Old 03-25-2008, 02:38 PM   #29
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Originally Posted by WickedLou9 View Post
It is actually... HOWEVER, if you are damaged by what he does you can seek compensation in civil court.
hmm, I don't believe this is right.
 
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Old 03-25-2008, 03:00 PM   #30
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Originally Posted by 7960 View Post
hmm, I don't believe this is right.
There are very very few things that are actually illegal to say.
Typically there would have to be damages. IE if someone said that Lou supports his company's biggest competitor! , And then used that in some sort of advertising campaign, I would be damaged and I could seek restitution. However is someone said that I loved president bush and it wasn't true... Well too bad for me. The solution is more speech. I should make it known that I don't like president bush.
 
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Old 03-25-2008, 03:04 PM   #31
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Originally Posted by 7960 View Post
So someone can use your picture to promote a non-profit group/cause without your permission? What if they're promoting the loving, sensual nature of receiving anal from gay men and make you the poster boy.... they're not selling anything, they're not looking for donations. They just want everyone to know how wonderful it is and happened to come across (no pun intended) a picture of your face that had the exact expression they wanted so they used it on their posters and website.

You're ok with that? That's "constitutionally protected"?
Lets come up with the wildest ideas we can to try and trick me into agreeing with you.

No, that would not be protected. I would be able to sue for damages and unauthorized use of my likeness.

As far as I know, these pictures of the soldiers are free for public use and even if they aren't, they can no longer be damaged since they are dead.
 
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Old 03-25-2008, 03:06 PM   #32
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Originally Posted by thewise1 View Post
I meant moral right. I'm not suggesting this should be illegal, I'm suggesting it's tacky as fuck.
Sorry, I assumed you mean legal right rather than moral right.


Moral rights are too fluid to really debate.
 
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Old 03-25-2008, 03:07 PM   #33
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Originally Posted by Scrum View Post
Lets come up with the wildest ideas we can to try and trick me into agreeing with you.
You might not like it but it's the same scenario.

No, that would not be protected. I would be able to sue for damages and unauthorized use of my likeness. As far as I know, these pictures of the soldiers are free for public use.
And as far as you know it's an unauthorized use of their likeness.
 
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Old 03-25-2008, 03:08 PM   #34
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Originally Posted by WickedLou9 View Post
There are very very few things that are actually illegal to say.
That changes when you put someone's picture next to it.
 
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Old 03-25-2008, 03:08 PM   #35
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Originally Posted by Scrum View Post
Lets come up with the wildest ideas we can to try and trick me into agreeing with you.

No, that would not be protected. I would be able to sue for damages and unauthorized use of my likeness.

As far as I know, these pictures of the soldiers are free for public use and even if they aren't, they can no longer be damaged since they are dead.
In that case you would have to prove that there were actual damages. It's very hard to do. Defamation is a virtually unwinnable case.
 
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Old 03-25-2008, 03:09 PM   #36
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Originally Posted by 7960 View Post
And as far as you know it's an unauthorized use of their likeness.
They can't sue though......
 
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Old 03-25-2008, 03:09 PM   #37
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Originally Posted by WickedLou9 View Post
In that case you would have to prove that there were actual damages. It's very hard to do. Defamation is a virtually unwinnable case.
No doubt, but the option would be there.
 
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Old 03-25-2008, 03:10 PM   #38
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Originally Posted by 7960 View Post
That changes when you put someone's picture next to it.
It really depends. Unless you are a celebrity who's endorsement or likeness is actually worth something, you won't win that case.
 
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Old 03-25-2008, 03:12 PM   #39
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And i'm not so sure these pictures don't fall into public domain since they were employed by the military.

I have worked places where I had to sign my likeness away to the company, but that was certainly to protect them in case they used something for profit.
 
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Old 03-25-2008, 03:13 PM   #40
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Originally Posted by Scrum View Post
No doubt, but the option would be there.
Yeah you can always sue for anything you want, but my point was that there is no law against using these soldiers faces in this manner. Free speech is free speech and no one can stop you from doing it. The fact is that none of these soldiers is damaged by that picture. Just because maybe some family members might be offended isn't enough. I'm not saying that I like thier message or anything, I am just talking about the legal reality of the situation. It might be dishonest, it might be morally wrong, but as far as being speech that isn't protected? unfortunately not. Someone could take my picture from this website and use it in a political poster of some kind and I would have no legal recourse.
 
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