Archive for the ‘lawsuit’ Tag

Yahoo wins round in Oregon nude photo court battle

According to the Associated Press and the Mercury News:

PORTLAND, Ore. — Yahoo has won a legal battle over removing nude photos that an Oregon woman claimed her boyfriend posted on its Web site without her knowledge or permission.

The 9th U.S. Circuit Court of Appeals reaffirms that Internet service providers such as Yahoo are generally protected from liability for materials published or posted on their sites by outside parties.

Cecilia Barnes had filed a lawsuit in 2005 in Portland, Ore., claiming her boyfriend not only posted nude photos, but also created a fraudulent profile and posed as her in an online chat room to solicit sex.

Although the court says Sunnyvale-based Yahoo isn’t liable for those actions, it left open the possibility that Barnes could sue Yahoo over whether it had promised to remove the photos and the profile.

While I’m happy that Yahoo! won its appeal after stating that the loss “‘threatens significant mischief’ to other Web companies” the final line in the AP release is what has me worried.

it left open the possibility that Barnes could sue Yahoo over whether it had promised to remove the photos and the profile.

Barnes next suit– win or lose– will likely influence and change the way that users interact with companies on a daily basis as one “bad apple” (or in this case, rogue agent) ruined the bushel. Rather than allowing their agents to provide more of a customized experience for each user, it’s possible that agents will be forced to adhere to an even more robotic, contrived speech that compels them to respond only to black and white situations– creating more frustration for users who approach companies with “grey” issues.

Looking for the full story on the Yahoo/Barnes case in Oregon? Find it after the jump.

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