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Old 11-23-2008, 06:14 AM   #1
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McDonald's sued over nude photos

McDonald's sued over nude photos

A US couple is suing McDonald's for $3m (£2m) after nude photos of the woman, which were on her husband's mobile phone, ended up on the internet.

Phillip Sherman says he accidentally left his phone, with the photos, at a McDonald's in Fayetteville, Arkansas.

He says staff promised to secure the phone until he could retrieve it.

The Shermans claim they had to move to a new home after the woman's name, address, and phone number appeared online along with the photos.

Tina Sherman says she began receiving offensive calls and text messages about the pictures from her husband's mobile phone after he left it at the McDonald's on 5 July.

The couple then discovered that the nude pictures she had sent to her husband's phone had been posted online.

The Shermans are suing McDonald's Corporation, the owner of the franchise involved and the restaurant's manager, saying they have suffered emotional distress, embarrassment and damage to their reputations.

They also allege loss of earnings and want to recover the cost of moving to a new home.

McDonald's Corp, the franchise owner and the manager have so far refused to comment on the case.

The nude pictures have been removed from the website that had posted them.
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Old 11-23-2008, 06:18 AM   #2
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wtf, I get all my content like this. That's the only reason I keep my burger flipping job
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Old 11-23-2008, 06:19 AM   #3
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i wonder where the pics are.

love to see them.
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Old 11-23-2008, 06:23 AM   #4
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i wonder where the pics are.

love to see them.
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Old 11-23-2008, 06:24 AM   #5
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gee maybe you shouldn't keep your dirty porn on your phone?
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Old 11-23-2008, 06:46 AM   #6
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bright couple
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Old 11-23-2008, 06:47 AM   #7
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Old 11-23-2008, 07:03 AM   #8
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gee maybe you shouldn't keep your dirty porn on your phone?
That is curse of easy techology.You take nude shoots of your girlfriend/wife,you forgot on it,then you lose your cellphone and pics shows online.
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Old 11-23-2008, 07:05 AM   #9
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I dont get why one would leave something like that on their phone. I hope the judge laughs at them.
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Old 11-23-2008, 07:14 AM   #10
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I dont get why one would leave something like that on their phone. I hope the judge laughs at them.
Secret exhibitionists...
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Old 11-23-2008, 07:18 AM   #11
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"I forgot MY camera containing MY pictures at YOUR store so YOU are responsible for it..."

Fucking dumbass.

They really ought to start prosecuting people that litter the court system with frivolous lawsuits.
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Old 11-23-2008, 08:14 AM   #12
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How is this different to someone forgetting a wallet / purse and having someone rifle it, and steal the contents?

I don't agree w/ frivolous lawsuits but it seems these guys have a case...
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Old 11-23-2008, 08:20 AM   #13
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theft is theft
mcdonalds had possession of the phone when the pics went up
they are responsible
nice money grab
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Old 11-23-2008, 08:22 AM   #14
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How is this different to someone forgetting a wallet / purse and having someone rifle it, and steal the contents?

I don't agree w/ frivolous lawsuits but it seems these guys have a case...
if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.
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Old 11-23-2008, 08:27 AM   #15
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"I forgot MY camera containing MY pictures at YOUR store so YOU are responsible for it..."

Fucking dumbass.

They really ought to start prosecuting people that litter the court system with frivolous lawsuits.
And lack of common sense.
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Old 11-23-2008, 08:30 AM   #16
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if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.
Exactly.

I'm more inclined to believe that joe blow finishing up his #2 looking at his email did that shit and did it quickly...

The point is, they have no idea who did it so they are going after the deepest pockets, knowing full well McDonalds will probably just settle this shit with free McFlurries for life or something...

They, the people that forgot their precious camera, are most at fault here and they shouldn't be able to profit from their negligence.
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Old 11-23-2008, 08:50 AM   #17
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That's funny.
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Old 11-23-2008, 08:51 AM   #18
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Yep, all McDonald's has to do is say "is there a 5 second period of time when you didn't have possession of the phone and we didn't have possession of the phone yet? If so, FUCK YOU." Secondly they can just say - see that sign on the wall about using our wi-fi at your own risk? FUCK YOU."

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Old 11-23-2008, 08:55 AM   #19
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if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.
They will have a problem proving their case, unless they can link the uploading of the pictures to a McDonald's employee. I think McDonald's should bleed them dry in court.

There's an excellent idea here for a porn site. For those who can think it through.
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Old 11-23-2008, 08:55 AM   #20
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Old 11-23-2008, 08:57 AM   #21
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How the fuck is this Mcdonalds fault.
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Old 11-23-2008, 08:58 AM   #22
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woof woof
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Old 11-23-2008, 09:04 AM   #23
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someone find these pics - we need a pool on this girl - id say most hot chicks dont go to mcdonalds
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Old 11-23-2008, 09:51 AM   #24
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can't they settle this for a Happy Meal?
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Old 11-23-2008, 10:33 AM   #25
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I dont get why one would leave something like that on their phone. I hope the judge laughs at them.
You not getting why someone would do that does not mean they don't have a case. This IS the United States and last time I checked it was still a free country.

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if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.
And that matters how? I bet you are the type that downloads all his music and movies for free, ripping off all the artists. I mean you're not REALLY taking it from them right? They still have their possession of it right? It isn't REALLY stealing since it isn't tangible, right?
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Old 11-23-2008, 10:35 AM   #26
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Old 11-23-2008, 11:10 AM   #27
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lol..
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Old 11-23-2008, 11:23 AM   #28
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nice, multi million suit, should i do one because i got unsalted freyze?
what country are you from? Freyze? Really? Did you mean Fries? I would even accept Frys. But freyze?
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Old 11-23-2008, 12:38 PM   #29
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I dont get why one would leave something like that on their phone. I hope the judge laughs at them.
He won't.

I wonder what law school you guys went to.

Last edited by baddog; 11-23-2008 at 12:39 PM..
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Old 11-23-2008, 12:56 PM   #30
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You not getting why someone would do that does not mean they don't have a case. This IS the United States and last time I checked it was still a free country.



And that matters how? I bet you are the type that downloads all his music and movies for free, ripping off all the artists. I mean you're not REALLY taking it from them right? They still have their possession of it right? It isn't REALLY stealing since it isn't tangible, right?
What does the US being a free country and me thinking they dont have case how to do with one another? lol
Well you bet wrong, I produce content I dont like anyone taking my work and I dont take anyone else's. If it was so important to him and so personal he shouldn't of left it in mcdonalds dontcha think?
Ive had a cell phone for over 10 yrs never left one any where.
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Old 11-23-2008, 12:57 PM   #31
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He won't.

I wonder what law school you guys went to.
the law school that says you have to prove intent.
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Old 11-23-2008, 01:05 PM   #32
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The person does have an arguement
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Old 11-23-2008, 01:10 PM   #33
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Seems like McDonald's mistake was claiming to have the phone and offering to keep it secure.
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Old 11-23-2008, 01:14 PM   #34
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He says staff promised to secure the phone until he could retrieve it.
Seems the staff should have just left it on the table and not made promises they didnt intend to keep.

I hope they rape McD's for some loot...McD's doesnt hurt for any kind of money and the only thing they have contributed to this world is disease from eating the garbage they call "food".

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Old 11-23-2008, 01:15 PM   #35
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Yep, all McDonald's has to do is say "is there a 5 second period of time when you didn't have possession of the phone and we didn't have possession of the phone yet? If so, FUCK YOU." Secondly they can just say - see that sign on the wall about using our wi-fi at your own risk? FUCK YOU."

Honestly hope mcdy's can prove that
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Old 11-23-2008, 01:31 PM   #36
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I hope they rape McD's for some loot...McD's doesnt hurt for any kind of money and the only thing they have contributed to this world is disease from eating the garbage they call "food".

Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

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Old 11-23-2008, 02:06 PM   #37
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Why are you guys defending fucking McDonalds?

Sue them for every ridiculous thing you can think of, fuck em. I'm on my way over now to choke on a napkin.
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Old 11-23-2008, 02:09 PM   #38
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Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

A lot of those grateful children became fucked up due to their burger inhaling parents. If we measure the bad McDonalds does vs the good it does I'm sure you'd change your mind.
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Old 11-23-2008, 02:11 PM   #39
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What does the US being a free country and me thinking they dont have case how to do with one another? lol
Typical... Maybe re-read what I said. Just because YOU wouldn't do that doesn't mean people don't. And because YOU don't doesn't mean they don't have a case. I mean if you were a lawyer you wouldn't be peddling porn so your opinion amounts to just as mine does. BUT...
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Well you bet wrong, I produce content I dont like anyone taking my work and I dont take anyone else's. If it was so important to him and so personal he shouldn't of left it in mcdonalds dontcha think?
Ive had a cell phone for over 10 yrs never left one any where.
I said that to see how you would respond and it was typical and ignoring of the comparison.

Shit happens, you forget something somewhere, you address it as soon as you are aware, you make contact, business says, "We got it... We will hold it for you." Where in ANY of that did it make it okay for his phone to be looked through? Were in ANY of that did it make it okay for images to be removed from his phone? Were in ANY of that did it make it okay to post those images on the web?

Obviously not everyone is as "Perfect" as you, but that certainly does not mean a wrong wasn't comitted here. And if you don't think there was I am not sure what that says about you.
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Old 11-23-2008, 02:33 PM   #40
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Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

I was thinking the exact same thing.
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Old 11-23-2008, 02:43 PM   #41
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the law school that says you have to prove intent.
So, it is your contention that McDonald's corp had to have intent? Their employees are not their responsibility?
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Old 11-23-2008, 02:45 PM   #42
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can't they settle this for a Happy Meal?
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Old 11-23-2008, 03:06 PM   #43
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nice idea
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Old 11-23-2008, 03:12 PM   #44
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People seem to be forgetting that it's not just the pictures, but posting her personal information (name, address, etc.) alongside them that's an ADDITIONAL violation. I doubt the husband did that himself.
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Old 11-23-2008, 03:15 PM   #45
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So, it is your contention that McDonald's corp had to have intent? Their employees are not their responsibility?
To what extent would they be responsible? There's limits to everything, the entire suit is foolish.
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Old 11-23-2008, 03:18 PM   #46
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To what extent would they be responsible? There's limits to everything, the entire suit is foolish.
Foolish? Your personal data is posted on the internet with naked pics and you don't think someone should be held responsible?

Unless of course the couple set the whole thing up / did it themselves to try to get money . . .
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Old 11-23-2008, 03:22 PM   #47
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A lot of those grateful children became fucked up due to their burger inhaling parents. If we measure the bad McDonalds does vs the good it does I'm sure you'd change your mind.
Really? You have proof that McDonald's causes cancer? That would be a nice lawsuit.

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Originally Posted by commonsense View Post
To what extent would they be responsible? There's limits to everything, the entire suit is foolish.
"respondeat superior" would be a start.
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Old 11-23-2008, 03:40 PM   #48
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Originally Posted by SilentKnight View Post
Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx


Thats like giving the ciggarette companies a big hand for funding lung cancer research.

alot of diseases and illnesses stem from unhealthy living and parents feeding their kids that garbage on a frequent basis.

10s of thousands of children can thank the donors, it sure as hell isnt all on McD's shoulders. They ask for money and have corporate and celebrity sponsors.
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Old 11-23-2008, 03:42 PM   #49
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Originally Posted by kandah View Post
How the fuck is this Mcdonalds fault.
Because the people who actually may be responsible only make minimum wage. therefore, have shallow pockets
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Old 11-23-2008, 03:46 PM   #50
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Originally Posted by donkevlar View Post
A lot of those grateful children became fucked up due to their burger inhaling parents. If we measure the bad McDonalds does vs the good it does I'm sure you'd change your mind.
Wow...eating a Big Mac can cause birth defects, childhood diseases and cancer.

Who knew.

Please tell me you don't actually believe the ridiculous nonsense you've expressed above. If so, following your logic...your parents must've eaten a lot of Ronald burgers.
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