In some jurisdictions judges like to make the law.
I don't think this is limited by jurisdictions.
Kenneth Waller
----- Original Message -----
From: "P. J. Alling" <[EMAIL PROTECTED]>
Subject: Re: A Small Dilemma
A good judge who
knew and respected the law would throw a baseless lawsuit out, but with
some you can't be sure they even know the law it's not required
frank theriault wrote:
On 11/2/05, William Robb <[EMAIL PROTECTED]> wrote:
A person can launch a lawsuit for pretty much any reason, if they desire.
true. implicit in my question was that the lawsuit not be frivolous
or vexatious.
If she finds the final picture to be defaming, and has given specific
instructions to not show it, then she could launch a civil suit under the
defamation laws, especially since now Shel had told the world he doesn't
have permission to publish.
with the greatest of respect: wrong! defamation is the publication
or utterance of an untruth about someone. truth is a complete defense
to the charge. assuming that shel hasn't manipulated the photos, he
can't be sued for defamation.
Commercial gain doesn't enter into it, it is a publishing issue, plain
and
simple.
It would perhaps be little more than a nuisance suit, but it would still
have to be dealt with.
With the political climate in the USA regarding photographers, she migh
very
well succeed.
I recall OJ Simbson was exonerated in the death of his ex wife (criminal
law), but was successfully sued by her family under civil law.
she would still have to have a cause of action against him. without
that, she can't sue.
-frank
--
"Sharpness is a bourgeois concept." -Henri Cartier-Bresson
--
When you're worried or in doubt, Run in circles, (scream and shout).
