Archived posting to the Leica Users Group, 2013/05/29

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Subject: [Leica] a photographer sued
From: kcarney1 at cox.net (Ken Carney)
Date: Wed, 29 May 2013 16:43:27 -0500
References: <CAEve6Xiz92RtAZd9u_FpBd2+w9nmsKCPux1OWbQ6LMtwofUb9w@mail.gmail.com><CDC8640F.A2C1%mark@rabinergroup.com><CABmfTOWWEscjvf3k3mbQv3sTSn0E+uFEcVrHi7=oho-hR710sg@mail.gmail.com><7C585A4F-C9A6-4111-9B75-FBBB7C9F05BA@gmail.com><CAFuU78f7MQsyP1Q6NAT5bhU32ENRHaNAj8YZpJXVCyNgQ84PpQ@mail.gmail.com><AF0D1B0B-0931-4723-8DBE-D94B67214A54@mac.com><6823D73FB6A047D19AA7EAC075A40598@billHP><CDFB3CD7-119F-476F-BADA-8A7290178E30@earthlink.net><BFBABCB6-D35B-48EF-BB93-EE3639932BDC@mac.com> <D557C82F-4475-49E1-A628-D7080678B804@mac.com> <0C69D2BEE8F34FE581214AF3E326EE0D@syneticfeba505> <01fc01ce5c97$7617c750$624755f0$@cox.net> <B184E302-D8F3-4971-A5B1-20DA99A93425@acm.org>

Herbert,

No expert advice here, but I'm confident there is no legal issue.  However,
it seems to me to be an unusual situation (just one person, isolated, being
photographed from an SUV), and I think asking why the picture was taken is a
reasonable inquiry.  Unlike Ted, I have mellowed somewhat as I age so I
would say this situation perhaps doesn't warrant beating a confession out of
the photographer, but I think most people would want to know why.

Ken

-----Original Message-----
From: lug-bounces+kcarney1=cox.net at leica-users.org
[mailto:lug-bounces+kcarney1=cox.net at leica-users.org] On Behalf Of Herbert
Kanner
Sent: Wednesday, May 29, 2013 3:42 PM
To: Leica Users Group
Subject: Re: [Leica] a photographer sued

This is really an interesting question. The garden in front of the house is
fully visible from the street. Doesn't that mean there is no expectation of
privacy? Thus, is that different from photographing in a public place, where
both the subject and photographer are in said place? I'm not questioning the
ethical or moral aspect, just the legal one.

Herbert Kanner
kanner at acm.org
650-326-8204

Question authority and the authorities will question you.




On May 29, 2013, at 11:08 AM, Ken Carney <kcarney1 at cox.net> wrote:

> Hi, Ted
> 
> I was thinking of responding to Adam with the same line of thought, 
> but as usual you put it more succinctly and eloquently than I could.  
> My wife was working in a flower bed in the front of our house the 
> other day, and looked up to notice someone photographing her from a 
> black Tahoe.  I called our local PD, and after observing that a black 
> Tahoe narrowed it down to a few thousand suspects, the dispatcher did 
> have some officers drive around looking for similar behavior.  Never knew
what it was about, of course.
> 
> Hope all is well there,
> 
> Ken
> 
> -----Original Message-----
> From: lug-bounces+kcarney1=cox.net at leica-users.org
> [mailto:lug-bounces+kcarney1=cox.net at leica-users.org] On Behalf Of 
> tedgrant at shaw.ca
> Sent: Wednesday, May 29, 2013 12:35 PM
> To: Leica Users Group
> Subject: Re: [Leica] a photographer sued
> 
> HELLO ADAM IN ANSWER:
> WITH IN MY 5 MINUTE COMPUTER TIME ALLOTMENT FOR EACH DAY:
> 
> "HERE HERE ADAM AND AFTER YOU FINISH THE SPRAY CAN EFFECT. YOU HOLD 
> HIM/HER FOR ME WHILE I KICK ASS FOR A BLOCK OR TWO ALONG THE STREET."
> 
> THEN SMASH EVERY BIT OF EQUIPMENT HE/SHE OWNS!
> 
> THE PRIVACY OF OUR HOME IS SACRED, CERTAINLY IN THE USA & CANADA. I 
> DON'T CARE WHAT THEY RESPECT IN ANY OTHER COUNTRIES........... HERE? 
> BY GOD DON'T POINT A CAMERA AT ME THROUGH A WINDOW OF MY HOME OR YOU 
> WILL MOST CERTAINLY WEAR THE CAMERA AND LENS WHERE IT REALLY REALLY 
> HURTS! AND THE SUN DON'T SHINE!!!!!!!!!
> 
> GOOD THAT FEELS BETTER!!! AND ALL WITH IN THE 5 MINUTE ALLOTMENT. ;-)
> 
> CHEERS,
> Dr. ted
> 
> 
> ----- Original Message -----
> From: "Adam Bridge" <abridge at mac.com>
> To: "Leica Users Group" <lug at leica-users.org>
> Sent: Tuesday, May 28, 2013 8:50 PM
> Subject: Re: [Leica] a photographer sued
> 
> 
>> On May 28, 2013, at 8:57 AM, George Lottermoser <imagist3 at mac.com> 
>> wrote:
>> 
>>> If "privacy" were my "first concern" - my first response would be to 
>>> acquire appropriate window shading.
>> 
>> Really? You want to live in a cave do you?
>> 
>> If this were about recorded conversations, or sounds, would we be 
>> having this discussion at all?? If the final object were a CD of 
>> conversations recorded by a laser bounced off a window I suspect we'd 
>> think a line was crossed.
>> 
>> But, no, it's a photographer - the pure of heart. Can't possibly be 
>> something wrong photographing through the window of their HOME. 
>> There's a long history in the US, at least, that a home has special 
>> significance. If
> 
>> someone, say you, were standing on the sidewalk shooting through my 
>> window
> 
>> with a long lens you might be having a conversation with my local 
>> police force very very soon. Or you'd meet Mr Spray Can of black 
>> paint which I wouldn't hesitate to use.
>> 
>> In crowded urban areas there should be profound resistance to these 
>> sorts of practices. Privacy is what enables us to live together. We 
>> don't have to live behind blinds because some things simply should not be
done.
>> 
>> I hope the suit goes forward and kicks serious ass in court. Maybe 
>> next time photographer and publisher will think a little bit before 
>> becoming peeping toms.
>> 
>> Adam
>> 
>> 
>> _______________________________________________
>> Leica Users Group.
>> See http://leica-users.org/mailman/listinfo/lug for more information
> 
> 
> _______________________________________________
> Leica Users Group.
> See http://leica-users.org/mailman/listinfo/lug for more information
> 
> 
> _______________________________________________
> Leica Users Group.
> See http://leica-users.org/mailman/listinfo/lug for more information


_______________________________________________
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In reply to: Message from scleroplex at gmail.com (scleroplex) ([Leica] a photographer sued)
Message from mark at rabinergroup.com (Mark Rabiner) ([Leica] a photographer sued)
Message from benedenia at gmail.com (Marty Deveney) ([Leica] a photographer sued)
Message from steve.barbour at gmail.com (Steve Barbour) ([Leica] a photographer sued)
Message from lew1716 at gmail.com (Lew Schwartz) ([Leica] a photographer sued)
Message from imagist3 at mac.com (George Lottermoser) ([Leica] a photographer sued)
Message from billcpearce at cox.net (Bill Pearce) ([Leica] a photographer sued)
Message from bcaldwell51 at earthlink.net (Bryan Caldwell) ([Leica] a photographer sued)
Message from imagist3 at mac.com (George Lottermoser) ([Leica] a photographer sued)
Message from abridge at mac.com (Adam Bridge) ([Leica] a photographer sued)
Message from tedgrant at shaw.ca (tedgrant at shaw.ca) ([Leica] a photographer sued)
Message from kcarney1 at cox.net (Ken Carney) ([Leica] a photographer sued)
Message from kanner at acm.org (Herbert Kanner) ([Leica] a photographer sued)