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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
Location: In flagrante delicto

PostPosted: Tue Dec 21, 2010 6:31 am
Post subject: Reply with quote

[quote="annewilo"]
watt price tully wrote:
annewilo wrote:
mandy wrote:
DEFAMATION 101 - wish I was representing them. It appears to be open and shut.
If proof is made they have been injured in reputation by .


This assumes of course that StKilda footballers have a "good" reputation to begin with, your worship, sorry your member-ship!!


Well if I was an AFL player, who drew my income from playing 'g' rated football in front of thousands of kids each week and making my income accordingly from sponsorship, players nights, afl junior footy clinics, poster sales etc etc, I would imagine that a full naked shot of me having a wank published across the world might tarnish me in some way. Even though Heater may have done this in a G rated play already, I still would want to control what happens to my brand.

Whilst I agree and think your comment is hilarious, the common sense side of me errs on the side of these "supposed" intellectual giants. Like what that man stated about a famous St Kilda supporter recently, they really only think with their d...., I don't need my grand kids to start seeing images of "sporting types" blazenned in the media in this way.


I may be wrong but I thought the best defence against a charge of defamation was that what you were doing/saying/posting was the truth.

St Kilda admits that the photos aren't doctored and that the players were aware they were being taken at the time. So the argument to me appears to be more about copyright and owing their own image which will be a lot harder to win on their part.

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annewilo 



Joined: 22 Mar 2003
Location: Victoria Park

PostPosted: Tue Dec 21, 2010 7:11 am
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[quote="stui magpie"]
annewilo wrote:
watt price tully wrote:
annewilo wrote:
mandy wrote:
DEFAMATION 101 - wish I was representing them. It appears to be open and shut.
If proof is made they have been injured in reputation by .


This assumes of course that StKilda footballers have a "good" reputation to begin with, your worship, sorry your member-ship!!


Well if I was an AFL player, who drew my income from playing 'g' rated football in front of thousands of kids each week and making my income accordingly from sponsorship, players nights, afl junior footy clinics, poster sales etc etc, I would imagine that a full naked shot of me having a wank published across the world might tarnish me in some way. Even though Heater may have done this in a G rated play already, I still would want to control what happens to my brand.

Whilst I agree and think your comment is hilarious, the common sense side of me errs on the side of these "supposed" intellectual giants. Like what that man stated about a famous St Kilda supporter recently, they really only think with their d...., I don't need my grand kids to start seeing images of "sporting types" blazenned in the media in this way.


I may be wrong but I thought the best defence against a charge of defamation was that what you were doing/saying/posting was the truth.

St Kilda admits that the photos aren't doctored and that the players were aware they were being taken at the time. So the argument to me appears to be more about copyright and owing their own image which will be a lot harder to win on their part.


Well we will wait and see. There are cases where this has happened before and major payouts have been awarded. So it's already been tested in law.

From further reading today from yesterdays release, they seem to be concerned how the "alleged accused" accessed the images. For now they have just taken an order to have them removed. From this might come a damages claim as well for defamation. So she may get two hits. I wasnt aware that they had alleged the photos had been taken by someone else. One criminal potential for theft and then if that is proven move to the damages in civil.

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colin_wood 



Joined: 10 May 2006


PostPosted: Tue Dec 21, 2010 7:45 am
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If she is 17 the I doubt much will happen. The are going to sue her & take her mobile phone away ? They will be wasting their time if they try to take legal action.
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annewilo 



Joined: 22 Mar 2003
Location: Victoria Park

PostPosted: Tue Dec 21, 2010 7:48 am
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colin_wood wrote:
If she is 17 the I doubt much will happen. The are going to sue her & take her mobile phone away ? They will be wasting their time if they try to take legal action.


I have heard conflicting stories about her age. And just because people might not have immediate assets, doesnt mean they can't be ordered to pay damages from future earnings.

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Magpies57 



Joined: 07 Jun 2006
Location: In da Woods!

PostPosted: Tue Dec 21, 2010 7:54 am
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Didaicos wrote:
nulla wrote:
Quote:
St Kilda Captain Nick Riewoldt will speak to media at 9.15am on Tuesday.


Her new site with more fresh photos is to be named Nickileaks
I've heard dikileaks is already being used to describe it on twitter.


In that case it's the NickyDickyLeaks Very Happy Very Happy

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GreekLunatic 



Joined: 22 Feb 2003
Location: doncaster vic australia

PostPosted: Tue Dec 21, 2010 8:09 am
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She sounds like that chk chk boom chick. Attention seeking bimbo.
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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
Location: In flagrante delicto

PostPosted: Tue Dec 21, 2010 8:11 am
Post subject: Reply with quote

[quote="annewilo"]
stui magpie wrote:
annewilo wrote:
watt price tully wrote:
annewilo wrote:
mandy wrote:
DEFAMATION 101 - wish I was representing them. It appears to be open and shut.
If proof is made they have been injured in reputation by .


This assumes of course that StKilda footballers have a "good" reputation to begin with, your worship, sorry your member-ship!!


Well if I was an AFL player, who drew my income from playing 'g' rated football in front of thousands of kids each week and making my income accordingly from sponsorship, players nights, afl junior footy clinics, poster sales etc etc, I would imagine that a full naked shot of me having a wank published across the world might tarnish me in some way. Even though Heater may have done this in a G rated play already, I still would want to control what happens to my brand.

Whilst I agree and think your comment is hilarious, the common sense side of me errs on the side of these "supposed" intellectual giants. Like what that man stated about a famous St Kilda supporter recently, they really only think with their d...., I don't need my grand kids to start seeing images of "sporting types" blazenned in the media in this way.


I may be wrong but I thought the best defence against a charge of defamation was that what you were doing/saying/posting was the truth.

St Kilda admits that the photos aren't doctored and that the players were aware they were being taken at the time. So the argument to me appears to be more about copyright and owing their own image which will be a lot harder to win on their part.


Well we will wait and see. There are cases where this has happened before and major payouts have been awarded. So it's already been tested in law.

From further reading today from yesterdays release, they seem to be concerned how the "alleged accused" accessed the images. For now they have just taken an order to have them removed. From this might come a damages claim as well for defamation. So she may get two hits. I wasnt aware that they had alleged the photos had been taken by someone else. One criminal potential for theft and then if that is proven move to the damages in civil.


On further reading this morning, you're right about the tack being taken, they're taking the ownership of the photos line by arguing that she didn't take them. That's cleaner than the copyright argument as that can be quite weak.

Think back to the photo of Ben Cousins in the gutter in front of Crown Casino. Someone took that on a phone and it was soon on all mainstream media.

Like you said, we'll see how it goes. I would be very surprised at a defamation claim against a 17 year old with a propensity toward attention seeking. Much more likely they will want to get some sort of cease and desist arrangement for her to STFU and staf away from them, even if they have to pay her.

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GreekLunatic 



Joined: 22 Feb 2003
Location: doncaster vic australia

PostPosted: Tue Dec 21, 2010 8:14 am
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Is she really 17 . Is she that gorgeous that she knows that many afl players.
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mandy Sagittarius



Joined: 03 Jun 2001
Location: Glen Iris

PostPosted: Tue Dec 21, 2010 8:20 am
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No point Nick sooking now about being pissed at Gilbert for not deleting the pic. You let him take it in the first place, idiot!
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Cam Capricorn

Nick's BB Member #166


Joined: 10 May 2002
Location: Springvale

PostPosted: Tue Dec 21, 2010 8:22 am
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If any player, Collingwood included, is dumb enough to fall for the honeytrap then they deserve whatever comes their way. I wonder what Brodie thought of the Dick Nal Santo effort.
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mandy Sagittarius



Joined: 03 Jun 2001
Location: Glen Iris

PostPosted: Tue Dec 21, 2010 8:23 am
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From 3AW twitter

Quote:
This could rip the Saints playing group apart. Nick Riewoldt is clearly furious with his team-mate.


One can only hope! Wink

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nulla 



Joined: 05 Apr 2003
Location: In My Reg Grundys

PostPosted: Tue Dec 21, 2010 8:25 am
Post subject: Reply with quote

mandy wrote:
From 3AW twitter

Quote:
This could rip the Saints playing group apart. Nick Riewoldt is clearly furious with his team-mate.


One can only hope! Wink


Have we room for another St Blunder captain?

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Fire Up Sagittarius



Joined: 17 Sep 2005
Location: in a house

PostPosted: Tue Dec 21, 2010 8:36 am
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his team mate sam gilbert took the pic.

in the herald sun it says that the girl was seeing a footballer. i wonder who it was (maybe gilbert?) at the time of the picture. i reckon she then sent the pics from his mobile to hers.
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schuey07 Aries



Joined: 05 Aug 2008
Location: Mount Waverley

PostPosted: Tue Dec 21, 2010 8:42 am
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What I find funny about the interview is that the girl steeling the photo is wrong, not the fact the photo was taken in the first place? What is it with footballers and getting their wangs out for all and sundry and thinking that this is normal behaviour?
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Cam Capricorn

Nick's BB Member #166


Joined: 10 May 2002
Location: Springvale

PostPosted: Tue Dec 21, 2010 8:42 am
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Reiwoldt was also clearly lying when he said he had never met the girl. Kept looking away from the questioner. Her quote when asked had reiwoldt done something to her personally "he was an a$$hole to me in Adelaide."
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