Joined: 21 May 2008
I thought i would post this here for comments, hopefully some input from Hina.
Just something ive wondered about for a while and never really seen a clarification on.
The issue in question is prong #3 of the KH, prohibited use of another person's personal
information...specifically other's photos.
It is allowed to post your own personal information (home address, phone number, photo,
etc.). It is your own property after all.
It is also allowed to post other people's photos as long as there is no objection from the
people in the photos. IF the people depicted in the photos object to their photos being
shown on Kupika, then the photos must be taken down. Warn the member first, and if he
doesn't comply, ban him.
Home address and phone numbers of other individuals (not your own) must never be posted
anywhere on Kupika. Warn the member first, and if he doesn't comply, ban him
These are the points I would like clarification on:
1. how much time should the member be given between warning and failing to comply/ban?
2. who has standing to object to the use of someone else's photos? only the person who's
photo it is or may anyone lodge a complaint/object who sees or can reasonably "prove" the
photos belong to another person?
3. does it matter if the photos are not of a member of Kupika?
a. yes - this rule is only applied to active members of kupika or
b. yes - this rule is only applied to active and past members of kupika
No it does not matter if the photos are of a person who is not a kupika member but
a. we will have an exception for use of "celebrities" photos even if the account is a
"fake" or "fantasy" account and the person is pretending to be that celebrity or the use
of the celebrity's photos are just homages, tributes, news worthy, humor, general uses for
entertainment, commentary, etc.
b. no exceptions - if the person is a "fake" and using someone else's photos from off the
internet they are subject to the rule and potential ban
If you read the above of the KH where i have italicized it, it appears to specifically
require that THE PERSON depicted is the only one who may object or file a complaint.
One potential problem I can see with that is what if for example we have a Kupika Member
Miss X who joins and such and then leaves Kupika for good and doesnt come back or doesnt
hang around and then another member she starts using Member Miss X's photos or posts them
somewhere? Miss X isnt on kupika any longer to see and object?
.....also are we really going to require the various famous scene-queens and even random
innocent people who have posted their photos online in photobucket,mypace,facebook etc. to
somehow discover that Kupika exists and that someone is faking them on Kupika and to file
a complaint on K.net or here?
Why cant it be enough to first show that there is an external source, an open photobucket
for example which appears to be the source of the same photographs and then require/demand
that the person post a Kupika Salute pic to show that they are really that person and not
stealing someone's photos..and if they cant do the salute then they shoudl be subject to
the rule requiring removal of the pics and potential banning for noncompliance?