It doesn’t look like it’ll fly. Vigilant parenting in the first place wouldn’t have gone amiss.
Doesn’t Facebook have some nefarious clause in their user agreement that says that they assume copyright ownership of anything you upload to their site? If they are seizing ownership of the photos like that, then it kinda makes them responsible for the content, no? From a legal standpoint anyway.
No.
After doing a little more research, I’m glad to see this isn’t the case. I know I read it somewhere, but it looks like that was just a product of the rumor mill and confusion generated by the fuss over their ToS a couple years back.
Really? Vigilant reading wouldn’t have gone amiss either:
Clearly, all behavior problems in children are a result of shitty parenting. :rolleyes:
:rolleyes: What has my comment got to do with the part of the article you quoted?
Indeed vigilant parenting would be more required with a minor child who suffers such problems. But more relevant to the case, had the parent or parents being doing their job correctly, their 12 year old daughter wouldn’t have been able to post the pictures in the first place. Up to that point Facebook has zero responsibility in the matter and shouldn’t be held accountable.
I propose a lawsuit from facebook against the father for allowing his daughter to post self made child porn on a social website.
Tsk,
Not all behavior problems are caused by poor parenting, but some are. We really don’t know in this case. Facebook’s culpability seems to be giving her a broader audience than she might have had in a less connected world.
I have to agree with the OP, this is a parenting (or other guardianship) issue. Twelve year olds shouldn’t even have facebook accounts. And you know why? This. Especially if they have behavior issues. How did she even get access to a computer, or a digital camera?
Not to be all “I’m better than this dad” but my son is 11 and he would never do something like this, not just because he wouldn’t, but because he** couldn’t**. If he wants to use a computer or a camera, sure, he has access. But I know what the hell he’s doing with it. I check up. The computer is in a central location. And he doesn’t need his own computer, or cell phone, or camera, because he’s a kid.
Now, if she were, i dunno, 16 or something, this would make a little more sense. I would still feel that facebook wasn’t at fault, but I would have more sympathy for the parents. But at 12? No way. You should know what the hell your kid is up to, pretty much all the time, at twelve.
I think Brown Eyed Girl was pointing out that it sounds like this is the result of poor supervision at the voluntary care institution rather than poor parenting. I would think that a place for troubled kids would have strict access to the internet and not allow stuff like Facebook. Why she’s there in the first place could definitely be due to bad parenting, though.
On a legal standpoint, can they not suggest this is offencive child orientated material and hold the bill payer of the ISP responsible.
I thought FB had a policy that you have to be 13 to have an account in the first place. Is that not true?
Cell phone? Library? Friend’s house? Friend’s cell phone? Friend’s laptop on wi-fi? Laptops and phones have cameras. I’ve heard they even have computers in schools now.
Do you honestly think this is how she got onto facebook?
No, I’m saying you’re naive if you think your kid can’t because you monitor him. I’m not saying he is or would even want to, but you can’t stop him unless you lock him up.
Yes. I don’t think it’s right to assume that she’s got a Facebook account because her parents allowed one. Certainly that might be the case, but it also may be the case she’s managed to find a way to access FB without the knowledge of her parents or custodians. It’s not unheard of for kids with perfectly average, attentive parents to get away with shit their parents wouldn’t allow.
True, but it could also be that she’s got issues even the best parenting can’t overcome. I dislike it when people automatically jump to the conclusion that a kid that does bad things wouldn’t do those things if it weren’t for bad parenting. But then, I may be biased having experienced an extremely difficult time raising a boy diagnosed with ADHD and ODD at the age of about 7. Mistakes were made by all involved, but not for lack of trying to figure out how to do the best we could.
Alright, maybe it’s because I’m broke-ass but my kids don’t know anyone with smart phones or laptops. Like I said, if she were 16 or something, I can see it. Kids that age have access to more stuff, they have friends with more gadgets, etc. But all the 10-13 year olds I know have computer access about like mine, aka none. My son also doesn’t go to the library by himself, but that’s a function of our area more than anything else, I guess (it’s too far away to get to on foot or bike). I don’t see why a kid that age needs a smartphone, or their own digital camera, or a computer in their room, but maybe I’m old fashioned. My kids don’t have TVs in their rooms either.
I have to say, my gut tells me here (and I would love to have more details so we can know for sure) that this little girl was suffering from a lack of oversight. I think this lawsuit is bullshit, and is the response of a father who is used to looking elsewhere for his problems with his kid instead of in his own household. The fact that he’s suing is a major reason I think that.
I’m not exactly saying he’s a terrible parent; kids are tough and we all make mistakes. I’m saying I think his lawsuit is crap and if he wants to know who’s at fault here, he needs to look in the mirror. Now, maybe he was doing the best he knew at the time. Doesn’t matter; the fault still lies with him. In parenting especially, a person can be doing their best and still be wrong. Suing facebook is completely stupid.
The lawsuit is bullshit. I agree it’s a parenting issue. It would be like trying to sue Smith&Wesson because your kid got access to your gun, shot someone and is at risk for going to prison. The first responsibility should go to the person who bought and allowed her access to the computer.
Am in agreement with PlainJain, miss elizabeth, and An Gadai. Scenarios like this just mess the world up a little bit more for everyone, creates liability hurdles for an honest company trying to do business, the whole thing is a waste of time and resources. I think the fact that this father is placing the blame on facebook speaks for itself concerning what kind of character he is; a shitty and unaccountable parent looking for opportunity to gather some loot from facebook’s deep pocket.