Revenge Porn: "Is Anyone Up" on Copyright Law?

Foley Hoag LLP - Trademark, Copyright & Unfair Competition
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Here’s something you probably don’t want fixed in a tangible medium of expression: revenge porn.

Twenty-five-year-old Hunter Moore (pictured, above right) is the creator of the website Is Anyone Up. In essence, here’s how revenge porn works: Remember those naked pictures you took of yourself and sent to a very close friend with the explicit instruction or implicit assumption that the images would remain private? Well, just make sure you don’t give your friend cause to become a former friend. If you did, your former friend may already have sent those pictures anonymously to Mr. Moore. Upon receipt, Mr. Moore will post them on his increasingly popular website, along with a helpful link to your actual Facebook page, just in case there was any doubt the pictures were of you.

For Mr. Moore’s troubles, he has received numerous death threats, one actual attempt on his life and, most recently, a very angry letter from Facebook’s lawyers. He has also reaped an estimated $13,000 per month in ad revenue and a great deal of media attention.

Here’s why we’re interested: In a recent episode of NPR’s On the Media, Bob Garfield interviewed Moore, who explained why he believes he is immune to legal action. Part of the conversation went like this...

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