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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."

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arstechnica.com
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FantasyStar1004d 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.

s8anicslayer1004d 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.

Deadpoolio1004d 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

MyFeetHurt1003d ago

deadpoolio LOL

an actress with the body type of a ten year old boy... not really my thing.

Naga1004d ago (Edited 1004d ago )

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.

Gondee1004d ago

Very Objective...Bubbles

UnHoly_One1003d 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

Blacklash931003d ago (Edited 1003d 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.

Rzep1004d 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.

brich2331004d ago

The person reponsible for the handling of them.

Indo1004d ago

Removing her nude parts would only make her model more realistic, so lawsuit either way.

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