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Submitted by s8anicslayer 765d ago | opinion piece

When a gaming actress’ nude images leak, who should take the legal blame?

Ars - "When nude images of Jodie Holmes, actress Ellen Page's character from Beyond: Two Souls, began appearing on the Internet a few weeks ago (courtesy of a repositioned shower-scene camera running on debug hardware) we thought the story was a little too tabloidy to cover." (Beyond: Two Souls, Culture, Ellen Page, PS3)

FantasyStar  +   765d ago
Hm...the only person who should be to blame is the modder that toy'd around too much. I'm sure the modder didn't intend for harm to happen so the idea of threatening lawsuits and such is barbarous. This whole thing is one of those "Oops, my bad" sort of deals and nothing more.
onyoursistersback  +   765d ago
My kind of gaming news!
s8anicslayer  +   765d ago
I think that every public figure who poses nude in pictures or videos in privacy either intend to publish images for personal gain or do it because their career is stagnant. They can't say I had no idea that this could ever happen.
Deadpoolio  +   765d ago
Ellen Page didn't have that spectacular of a career to begin with....It's only the hipsters who are in to little boys that think she's so amazaing since she looks like Justin Beiber
MyFeetHurt  +   764d ago
deadpoolio LOL

an actress with the body type of a ten year old boy... not really my thing.
Naga  +   765d ago | Intelligent
Law Student opinion (for whatever it's worth):

There will not be any liability imposed on the modder, and likely not even any on the sites which choose to publish the leaked images. Page may be able to secure some form of injunction which would slow the publication of the images, but any hope of that being effective is misplaced.

As the much as Sony or anyone else may want to make veiled legal threats at the pervy corners of the public, it's really just a matter of them wanting to cover their own butts. After all, the ultimate responsibility for any damages to Page's image (or emotional distress... or whatever she claims) will likely fall upon the shoulders of the entity which published the disc: Sony. Quantic would also be jointly liable for creating the content in question and including it on the disc - she would probably be able to obtain restitution damages for breach of her contract (because their programming actions exceeded the scope of the agreement, I'm sure).

At the end of the day, we as gamers have nothing to worry about. Legal liability will fall on the broad shoulders of Sony and Quantic, and there is a very high likelihood that we will see some massive settlement ($ Millions) between the parties within the next year or so. Should be interesting.
#2 (Edited 765d ago ) | Agree(6) | Disagree(0) | Report | Reply
Gondee  +   765d ago
Very Objective...Bubbles
Nizulo  +   765d ago
Wow! Bubble for you.
UnHoly_One  +   764d ago
Unless I misunderstood how these pics came about, though, I was under the impression that it was done with a debug kit PS3, and a debug version of the game.

In other words, it's something no normal user could ever access.

If that is true, then it would seem Sony wouldn't be liable for publishing the disc, because the version they actually published didn't have any access to these kinds of images, correct?

I don't know... The whole thing is weird to me... Partially because I don't see the big deal in the first place, I mean, it's not really her body.

To me it's no different than photoshopping her head onto a nude picture of somebody else, which happens to pretty much every female celebrity ever since the advent of photoshop. lol
Blacklash93  +   764d ago
It's a brand thing, really. Ellen Page and her associates are going to concerned about the brand of her likeness first and foremost.
#2.3.1 (Edited 764d ago ) | Agree(0) | Disagree(0) | Report
Rzep  +   765d ago
The way I see it is that the extent to which the Developer can use the Actors image is or should be clearly outlined in the contract.

I am guessing, just being logical here, that this whole story is really about her not being informed that in the contract there was a piece that allowed a full nude body render to be made, or that in fact the contract did not allow a nude render.

If for example the Devs overstepped the boundries set by the contract than she has every right to demand that they remove it, or sue the company.
brich233  +   765d ago
The person reponsible for the handling of them.
Indo  +   765d ago
Removing her nude parts would only make her model more realistic, so lawsuit either way.
XboxFun  +   765d ago
It should definitely be the developer Quantic Dreams. Very irresponsible for them to do this, especially when dealing with an A-list actress.
#6 (Edited 765d ago ) | Agree(3) | Disagree(5) | Report | Reply
Bluebird8  +   765d ago
she has been nude in public before. I'm pretty sure "emotional damage" won't hold up..
Naga  +   765d ago
Just because you consented at one point in time to a particular form of exposure does not mean that you consent in the present circumstances. Even if they are similar.

It is well established law that consenting to Person A for X will not transfer consent to Person B for X. Person B must still obtain specific consent.
hollabox  +   765d ago
Ellen has an pretty face in all but she has the body of an 12 year old. Any who why would developers need to take an nude body scan? Is it hard to add digital nipples and a Barbie style snatch to her model?
jaymart2k  +   765d ago
So how about those nude links?
j-blaze  +   765d ago
you'll freak out, the images are not sexy at all, her body modeling in the game is just straight bad, really bad
#9.1 (Edited 765d ago ) | Agree(0) | Disagree(5) | Report | Reply
WitWolfy  +   765d ago
GOD DAMMIT!!! Damn that idiot for doing this, there goes a possible chance of a sequel...
TheGrimReaper0011  +   765d ago
I just dont get Quantic Dreams
If you arent going to show nude normally, why would you model that to be nude anyway?
They should have known people were going to hack it
Not saying they should hack it, but thats just how it is
I really hope people are a bit more cautious in the future
Both the developers when doing this and the hackers
Whatever hope it had for a sequel, we will never see Ellen Page in another sony game, ever again
O well, the last of us, uncharted, tomb raider and many more have also good actors
I wont lie awake of this
PS4FEVER  +   765d ago
The modder is a fucking idiot.
SegaGamer  +   765d ago
Who bloody cares ? it's not real, big deal, get over it.
Yodagamer  +   765d ago
If the past has shown us anything if the code is there and someone accesses it then it's the developer's fault ala hot coffee. If the modder modified the model by adding new assets then its the fault of the modder ex when manhunt 2 had its filters taken out and nothing happened to rock star.
The_BoZZ1991  +   765d ago
I just hope that there is a peaceful unification.
jspillen  +   764d ago
No one... did Ellen Page really think she was strapping into a Motion Capture suit and not creating a 3D image of herself?

That would probably be pretty ignorant. And then to be upset that there is a naked Barbie version of her on the net. Hopefully, no one ever uses her in a game again. The Jerry Springer drama is strong in this one.
SegaGamer  +   764d ago
If this is the kind of problems they are going to have with real actors and actresses in games then they shouldn't bother using them again.

In a way i see this as a blessing, seeing actors and actresses in games is not something i want to see becoming a common thing in games.
SolidGear3  +   761d ago
Ellen Page is the most beautiful woman that ever lived. That is all.

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