Posting/hosting e-mail copyright infringement?! Ex has gone crazy - PLEASE HELP!!

[Skaven]

If somebody posts an e-mail of yours, without your permission, onto a website - is that illegal? What if the message was never even intended for that person?

Ok - here is the situation. The girl I'm currently dating purchased a domain and web-space through her ex-boyfriend (who is a reseller at this hosting company). She met me and broke up with him. He went nuts! He logged into her Hotmail (without her permission) and downloaded all of the messages that we had sent to each other - pictures included (of my house, my car, my place of work). He then started information gathering for months... he made up a web-page under the domain name she purchased (which happens to be her full name www.firstnamelastname.com). He has full control of that domain because it is under his "reseller" company. He took all of the e-mails that were sent (some VERY personal) and pictures and any other information that he could gather and posted them on HER web-site. He then mailed the link out to her and myself with who knows how many BCCs. Of course he waits until the day of her graduation to do so as a "present". The web site is set up to look like a blog, and is very complete and comprehensive. Who knows how much time he spent on it - the guy is crazy!

Anyway - she has no idea what to do or where to start. I e-mailed the hosting company and told them that he was infringing my copyrights (my e-mails and a poem I had sent her) by posting those things without my permission. They have since disabled the site pending on talking to him. If they ask me for proof of copyright - they call my bluff! (and I'm sure they will!) What can we do?

Somebody can't just go around posting personal e-mails that weren't even intended for him wherever he wants, can he? This guy is pretty smart and very thorough - who knows what he is going to counter with. If you guys know where I can cite actual LAWS that were broken - that would be great! Otherwise I guess we just have to deal with the fact that this jerk is plastering our personal lives on-line?!?!

PLEASE HELP!!

 

[Ime]

I never email anything that I wouldn't be afraid of seeing publicly later.

 

[pulse8]

link?

 

[Jugernot]

Yep, it's illegal. A friend got in trouble in high school for posting a rant and a picture of his supposed girlfriend on a website. Her parents sued him and he had to take it down.

 

[Jugernot]

Originally posted by: pulse8
link?

WTF? Obviously he doesn't fuggin want to post the link as it has all the personal info. If you can't understand that, then I suggest you go shoot yourself.

Jugs

 

[Kyteland]

I think the part where he broke in to her email account would be considered illegal.

 

[pulse8]

Originally posted by: Jugernot

Originally posted by: pulse8
link?

WTF? Obviously he doesn't fuggin want to post the link as it has all the personal info. If you can't understand that, then I suggest you go shoot yourself.

Jugs

Are you retarded? It's a fvcking joke.

 

[yukichigai]

Publicly posting a private correspondance between two people is illegal without consent of one of the people usually. The exception is if the post is to warn or otherwise inform the public of a potentially dangerous/illegal situation, as has been done with internal company memos. (Think Big Tobacco) Unless you planned on eating someone's cat and talked about it in one of the e-mails you are correct, what he did is illegal. Posting pictures of your house and such may also be an invasion of privacy.

As for copyrights, just point out that the data was received as the result of an illegal act if it comes down to it. That should take care of the problem quite nicely.

 

[bunker]

Did she buy the domain from him as well? If not, a temporary solution would be to change the name servers wherever she bought the domain from.

Otherwise, get on the phone w/ an attorney ASAP. Find a way to save the entire web site as well for evidence.

 

[Jugernot]

Originally posted by: pulse8

Originally posted by: Jugernot

Originally posted by: pulse8
link?

WTF? Obviously he doesn't fuggin want to post the link as it has all the personal info. If you can't understand that, then I suggest you go shoot yourself.

Jugs

Are you retarded? It's a fvcking joke.

So many freaking people don't mean it as a joke, how the fugg am I supposed to know that without some type of hint, (like a smiley) or something? There are some freaks on this forum that seem to have no feelings and could care less about other's feelings. I assumed you were one of them. I could have been wrong...

Sarcasm is hard to detect with a one word message...

 

[geckojohn]

Any pics or articles?

Links? :camera

 

[pulse8]

Originally posted by: Jugernot

Originally posted by: pulse8

Originally posted by: Jugernot

Originally posted by: pulse8
link?

WTF? Obviously he doesn't fuggin want to post the link as it has all the personal info. If you can't understand that, then I suggest you go shoot yourself.

Jugs

Are you retarded? It's a fvcking joke.

So many freaking people don't mean it as a joke, how the fugg am I supposed to know that without some type of hint, (like a smiley) or something? There are some freaks on this forum that seem to have no feelings and could care less about other's feelings. I assumed you were one of them. I could have been wrong...

Sarcasm is hard to detect with a one word message...

Why don't you try and not be so cynical and give people the benefit of the doubt a little? The whole joke was in the ridiculousness of the request.

 

[dquan97]

Find a lawyer and file suit for harassment / invasion of privacy.

 

[rudder]

If your girlfirend purchased the domain, surely there is a record of the transaction. Get control of the domain back (then out up a bunch of crappy sh!t about the crazy ex)

 

[Yossarian]

I would say she isn't too smart for giving him her hotmail password in the first place.

 

[Skaven]

Originally posted by: bunker
Did she buy the domain from him as well? If not, a temporary solution would be to change the name servers wherever she bought the domain from.

Otherwise, get on the phone w/ an attorney ASAP. Find a way to save the entire web site as well for evidence.

Tried this - but they claim that her name isn't on the account (outside of the actual physical domain name). I'll have to get her to clarify this.

As for a lawyer - she is an international student, so she doesn't have any money. She is also afraid that any legal battle that might take place could mar her record to become a citizen.... its all quite complicated.

Here is a link for you...

 

[rahvin]

What's the domain name? Someone can post the WHOIS on it and tell you if she has legal rights to the domain name.

BTW if those pictures of your stuff that he posted were taken by you, you by defacto own the copyright to the photo's in addition to the poem. Copyright's are assigned automatically and do not have to be registered.

 

[dighn]

Originally posted by: Jugernot

Originally posted by: pulse8

Originally posted by: Jugernot

Originally posted by: pulse8
link?

WTF? Obviously he doesn't fuggin want to post the link as it has all the personal info. If you can't understand that, then I suggest you go shoot yourself.

Jugs

Are you retarded? It's a fvcking joke.

So many freaking people don't mean it as a joke, how the fugg am I supposed to know that without some type of hint, (like a smiley) or something? There are some freaks on this forum that seem to have no feelings and could care less about other's feelings. I assumed you were one of them. I could have been wrong...

Sarcasm is hard to detect with a one word message...

here's a general rule: if it doesn't make sense or sound incredibly stupid, it's probably a joke.

 

[Skaven]

His "consulting group" owns the domain. He is pretty tech-savvy... so he knew/knows what he is doing. I think he has his own domain servers even. Keep in mind that this guy has no job - so he sits around at home all day playing with this stuff and planning it out.

Pretty friggin scary!

 

[DaiShan]

Originally posted by: rahvin
What's the domain name? Someone can post the WHOIS on it and tell you if she has legal rights to the domain name.

BTW if those pictures of your stuff that he posted were taken by you, you by defacto own the copyright to the photo's in addition to the poem. Copyright's are assigned automatically and do not have to be registered.

Intellectual property. I would say you basically tell the hosting company he has infringed on your intellectual property rights and that if action is not taken against him they will be hearing from your lawyer shortly. All you have to do after that if they don't do anything is pay a lawyer for 1-2 hours work and they will write a nasty letter on firm letterhead to the hosting company, they will probably crap their pants and say this guy isn't worth it, and bam you win, no need to actually go to court.

 

[Rainsford]

I'm not a lawyer, but isn't this kind of behavior grounds for a restraining order? Even if she can't get legal rights to the domain, wouldn't a restraining order prevent him from operating that kind of website.

Really though, talk to a lawyer about it. Yes, they cost money, but they actually know the law and what options you have as opposed to most of us on here. Of course ATOT might be a good place to find out about restraining orders...

 

[yukichigai]

Originally posted by: DaiShan

Originally posted by: rahvin
What's the domain name? Someone can post the WHOIS on it and tell you if she has legal rights to the domain name.

BTW if those pictures of your stuff that he posted were taken by you, you by defacto own the copyright to the photo's in addition to the poem. Copyright's are assigned automatically and do not have to be registered.

Intellectual property. I would say you basically tell the hosting company he has infringed on your intellectual property rights and that if action is not taken against him they will be hearing from your lawyer shortly. All you have to do after that if they don't do anything is pay a lawyer for 1-2 hours work and they will write a nasty letter on firm letterhead to the hosting company, they will probably crap their pants and say this guy isn't worth it, and bam you win, no need to actually go to court.

Good point. IP (Intellectual Property) rights are notoriously hard to deal with. In order to wave IP rights you have to fill out paperwork and a lot of other stuff. If you can prove some of that is your IP -- easiest would be the poem -- then you'd have easy justification to get the site pulled and probably to sue him.

Yes, sue him. This guy took breakup revenge too far. Go for the jugular.

 

[Nocturnal]

LINK?

 

[chiwawa626]

Originally posted by: Nocturnal
LINK?

even better then pics

 

[Skaven]

Does anybody have some actual laws that I can cite? I can't find anything on e-mail or photography copyrights. I mean, I can find a lot of stuff - but no actual laws or anything. I tried looking through copyright laws and the DMCA - but I didn't find anything other than a headache.