Court Case Debates Intellectual Property Laws With Regards To Dating Sites
Citizens trying to enact change through the legal system on how dating sites run their businesses have become more commonplace over the past few years. (see: Criminal Record Checks for Online Dating). But a new case in New Hampshire federal court may change everything with one fell swoop.
An unnamed woman is suing FriendFinder, the dating site giant now owned by Penthouse who runs websites such as AdultFriendFinder and BigChurch. According to CNET, the plaintiff alleges that FriendFinder caused her harm by allowing someone other than herself to post adult-oriented pictures that could be "reasonably identified" as her, without her knowledge or consent. Additionally, FriendFinder used these pictures not only on their network of websites, but also in marketing materials and third-party websites.
Although the judge mostly agreed with FriendFinder in this case, one point was not dismissed: whether or not FriendFinder had invaded the plaintiff's "intellectual property" rights. By using this language, the judge has opened up a can of worms via the 1996 Telecommunications Act, which has been frequently used in the past to protect website owners from being sued for content posted by its users. Why a can of worms? Because when the Act was written, it specifically omitted intellectual property rights.
The judge spoke on this case only two weeks ago, so it remains to be seen what effect it will have on dating sites, and how users confirm they are who they say they are. I'm intrigued to hear what happens, because a decision in favor of the plaintiff would have far-reaching effects with regards to identity and personal safety online.


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