Regulations are written for those with both a vested interest in their outcome AND the drive to be involved in their creation.
The public fails miserably at the 2nd part and so are very often left out of the process.
Doesn't make it right, but given the lax attention paid by most people to anything related to, well, anything that doesn't have a 'Book', 'Face', 'Desperate' or 'Housewives' in the subject it isn't exactly rocket science to see them cut out.
We have control over those in office. We need to wield it more frequently and more forcefully to get the ends we desire. SOPA/PIPA was an example.
The lack transparency and the 'corruption laundering' (love the phrase!) are merely symptoms of the lack of involvement by the US people going back decades.
I would disagree. The law is independent of circumstance and in this case, the photograph was used without permission. Open and shut case.
Political speech is rightly highly protected, but they can't break the law while exercising that right. This clearly breaks the law.
Political campaigns have used songs against the artists wishes but those artists agreed to license their works for a flat use fee. They can't complain when it's used outside their interests and beliefs because legal license was granted.
I highly doubt any such 'use' license for this photograph exists and therefore the campaign has no legal standing to use the image.
how about if I left a live phone drop outside my house?
If threats to the President were made from my number, would I not be considered 'negligent' for putting such a system in place?
I fully agree there's no requirement to secure your wifi, but as the account holder I am in the end responsible for its use am I not? Perhaps not criminally liable, but certainly civilly (sp?) I would expect.
And the obligatory car analogy -
if my car is seen robbing a bank, you can bet there going to be talking to me about 'who' was using my car. Is leaving my car on the street with the keys in it 'negligent'?
Just arguing the devils advocate positions, interested in any ideas to counter them.