Legal Question in Technology Law in Texas

EX's Video Fileshared

made an adult home video with my (at the time) fiance'e.

I had permission to record it (verbal), and she knew that I was filming it at the time (1st person point of view - no way of getting around her not seeing the camera).

The videos have only been in my custody.

If I put it on a file sharing website with only her first name, no insults, no threats, no location of her residence, and no other information about her (except for saying that she cheated on me), could I get in a legal situation IF they found the website and could prove that I posted it?

If so, what might I be looking at legal-wise?


Asked on 9/14/05, 11:38 pm

1 Answer from Attorneys

Re: EX's Video Fileshared

Taking action on a verbal agreement is like walking on think ice, very risky. Initially the first thing that comes to mind is she could hire an attorney and file a lawsuit for invasion of privacy. Also, with the constant changing of internet laws, there can be other claims that could be tied to it as well. To get an idea of what is involved legal wise, when you are sued, defense attorneys and defense firms generally bill your hourly, where as she could find an attorney to take her case on a contingency (she will not have to pay unless she wins). On the other side they could ask to copy your emails, even your entire harddrive. Your ISP could close your account for improper usage. They could track your website activities and present it in court. Imagine what a jury of motherly figures would do if her attorney asked them to teach you a lesson. What dollar figure would you think they woould award her? Often we think when we press the delete button that a file is erased, in reality there are many companies who make good money recovering data, even from destroyed harddrives. If you have not done this but are merely contemplating this, then I sense you have already risen about all the negativity and have taken the higher road. It may seems like a just thing to do but its not worth it for you to risk so much.

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Answered on 9/15/05, 8:52 am


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