Archived posting to the Leica Users Group, 2003/12/22

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Subject: RE: [Leica] Inspired but arrested
From: "Frank Filippone" <red735i@earthlink.net>
Date: Mon, 22 Dec 2003 10:16:50 -0800

I am glad we have professional photographers in this list.  They give us
practical information about the "rights" and behaviors of public places.  We
also have lawyers, that call out the legalities of the situation and explain
to the rest of us what the implications of "rules" are, and maybe how to
defend ourselves after breaking one of those "rules".

The vast majority of this list is not a professional photographer or a
lawyer.  We are amateurs trying to have some fun, and , in most probability,
not making any public display of the photographs nor making a penny for the
rights to use those photographs.  We are most likely honest, law abiding
citizens that have a practical understanding of laws, ethics, and good
behavior.

So how the H$%^&&* would any rational person figure out that a mall does not
allow the taking of certain types of photographs for fun?  Especially when
some photographs are allowed, and others are not allowed?  Further, that
depending on WHO you are, you may be allowed to take those disallowed
photographs or not.

Yes, I realize that somewhere, maybe publicly, maybe not conveniently, and
certainly not stuck all over the place is the "rule" that photographs should
not be taken.

It is really simple in my mind... if it does not make sense, it is probably
not enforceable.  If it is not enforceable, it probably will not stand the
test of a good lawyer.  And that is why I use the term "rule".

Breaking "rules" is not against the law.  Even when confronted with a
"security person". breaking the "rule" is not against the law.  It is also
probably true that disobeying a "security person" is not against the law.
It is our ACTIONS and behaviors when confronted that probably is the reason
that a Law could become a legitimate problem.  Being asked to not take
pictures is probably within the malls rights.  It is our obligation to at
least stop taking those pictures, until such time as we can legally find out
our rights, and notify the management of those rights, and allow them to
respond.  Acting obnoxious, and especially after the cops have been called,
disobeying a direct order from a policeman,  gets us in trouble ( for
disobeying the policeman,  not disobeying the "rules" of a security
officer.)


Frank Filippone
red735i@earthlink.net


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