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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 29046
Experience:  16 yrs. of trial experience
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nude images of my wife were posted online without her consent

Resolved Question:

nude images of my wife were posted online without her consent nor my consent. i had these images on my computer in a hidden file and on my hard drive in a hidden file. i never gave anyone permission to see, view, or copy any of these images which is why they were hidden. however many of my friends used my harddrive to get movies that i have and also my computer but i dont think nor know exactly how someone else came in contact with them. How do i go about finding the person who actually took the images from me and posted them online. i know the site that has the images, its a blogging site that people can post and repost images. Do we actually have a case. i am aware of the Digital Millenium Copyright Act (DMCA)but do no know if we are covered buy it, and she was the one who took the images and sent them to me but i never gave them out. What rights do we have? and what Can we actually do about finding this person?
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Your wife certainly has the right to demand that the unlicensed images be removed. She has this right under the DMCA (since she is the subject of the photos, since she is not a celebrity, and since she did not consent to the use of the photos, she can demand they be removed).

A DMCA takedown notice can be sent by a copyright holder to a website host or even Google or Yahoo to have a picture or photograph removed or de-indexed from the web.

Now...if the goal is to find the culprit? The person who posted this? That is possible...but may take some work. If you know where the picture was posted, it is possible to obtain the "server logs" (the information that shows the address of the computer used to upload the pictures). Once you have that information, it may be you can determine who made the post. For example, if the files were uploaded from an internet address associated with a particular person (like a cell phone account or a residential internet account) that may be enough to seek prosecution, or at least seek civil damages (for invasion of privacy).

To get this information, you would need to file a lawsuit. You can file the lawsuit against an unnamed person...this allows you to go into the "discovery" phase of the trial...then you have access to the court's subpoena power and can file a subpoena for the server logs. Once you have that information, you can amend your lawsuit to name the person who posted the information online (assuming that the server logs give you enough information to name the person who did this)

BotXXXXX XXXXXne: you can demand the website remove the pictures under the DMCA and you can sue in order to determine who actually posted the pictures in the first place

Now...if your description it sounds like you are working with a website and they are not helpful. You may need to hire a lawyer. The lawyer can actually sue the website if they do not follow the rules of the DMCA. And the lawyer can properly craft the subpoena to reflect what you are looking want the IP address associated with the upload of that file. Once you have that, you will need to go to the internet service provider who is responsible for that IP and issue a separate subpoena to get the name or account associated with that IP address.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 29046
Experience: 16 yrs. of trial experience
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