Comment by chrisjj
4 days ago
> Like we got so deep into the lawyered-definition of words,
Perhaps try reading "your private data" again - slowly.
4 days ago
> Like we got so deep into the lawyered-definition of words,
Perhaps try reading "your private data" again - slowly.
What do you think my comment was responding to? Literally those are the words that I was responding to.
Saying that the provenance of a naked image of myself is relevant to the fact that it's a naked image of _me_ and I don't have ownership over my own image is exactly the kind of lawyer-brained wording I was referring to when I made the comment about the mirror. "It's not a picture of you, it's a picture of a reflection of you."
> What do you think my comment was responding to?
Your misunderstanding of "private data". This is not lawyered words.
> Saying that the provenance of a naked image of myself
It is not a naked image of yourself.
An image of someone else's naked body does not become a reflection of an image of you just because your face is pasted on it. Object if you wish, but when it comes to privacy, the only possible breach is of the privacy of the body, not the face.
> is relevant to the fact that it's a naked image of _me_ and I don't have ownership over my own image
It is not your image.
You do, in fact, have rights over your 'likeness'. In most jurisdictions. [0]
In the US, that would fall under Prosser's Four Torts, "appropriation of name and likeness".
The law, currently, doesn't care if you think its a new image. Likeness is protected. Similarity is enough.
[0] https://en.wikipedia.org/wiki/Personality_rights
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> It is not a naked image of yourself.
If I show you a picture of yourself that is a perfect likeness of yourself, And do not tell you how it was collected/created.
Is that an image of you?
It looks exactly like you, and you have found yourself in a similar or same situation at some point (what do you know your memory is human).
You're saying you can't say one way or another whether or not that is a picture of you without knowing where it came from, but I'm saying it doesn't matter where it came from, it is your exact likeness, it is a picture of you.
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