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> AIUI, the only people who could claim damages in a civil suit are ones that could demonstrate actual costs as a consequence for Lenovo's action.

So, basically what you're saying is that I can secretly take nude photos of you (when you're not in a public place), and "enjoy" them (in whichever manner) but not share them with the public, and you can't sue me unless you can demonstrate my actions actually costed you money?




There's a distinction between civil and criminal law, and the post you responded to was only talking about civil law.

I'm no lawyer, but as I understand it, you sue people under civil law for some kind of compensation - for financial loss, loss of reputation, psychological consequences, etc. Your voyeur example would hopefully fall under criminal law, which deals with the things society considers morally wrong. But a criminal trial would be prosecuted by the government, not by you suing.


In general, that's correct.

However, depending on your jurisdiction that may be a crime. In that case, I or the state might be able to prosecute you under criminal law. I don't generally understand that to be within the meaning of "sue" though. And, again in general, criminal conviction leads mainly to punishment rather than reparations to the victims.

Oh, and exceptionally, if I'm your "model" then without me signing an appropriate release I own copyright on your photos, so I may be able to sue you for losses (probably to the value of you buying an equivalent market-rate DVD or something).


> if I'm your "model" then without me signing an appropriate release I own copyright on your photos

You sure about that? AFAIK the copyright is with the creator, i.e. the photographer. Model release is required on for privacy purposes, not for copyright.


That is correct, at least in the USA. Photog owns the copyright upon creation. Model release is required for (certain) uses in publication, but not all - for example, newspapers do not have to get model release from people in photographs used for editorial purposes.


In the United States it's actually the photographer who owns the copyright not the subject. Not positive if this is the case everywhere but I believe it is.


You don't own the copyright without a model release, but, in many (but not all circumstances), you can sue for renumeration if your likeness is used without your permission. With the exception of some work-for-hire scenarios, copyright is always with the creator (but the creator must be human; monkeys don't count[1]).

1.http://www.theguardian.com/technology/2014/aug/22/monkey-bus...




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