This is why I think the text messages are going to be a key to all of this. If the employee issued test messages to his wife via the phone asking about the photos then I can see Mc Donalds being responsible for the photos hitting the net.
I thought publishing without permission meant you where given the mater to look at but not publish. Not taking from a private source without asking. I guess that gets into copy right issues also.
Looks like McDonalds isnt going to get to duck the lawsuit...
QUOTE |
Lawsuit to go forward against Mcdonald's over nude photos Staff Writer KSFM TV 8:24 PM CDT, April 5, 2009 A Northwest Arkansas judge has allowed a lawsuit against Mcdonald's to continue over claims employees posted nude photos from a cell phone lost there onto the internet. Washington County Circuit Judge Mary Ann Gunn denied a request to remove the fast-food chain from the lawsuit filed by Phillip and Tina Sherman. Philip Sherman lost his cell phone, containing nude pictures of his wife, at a Fayetteville Mcdonald's back in July. Sherman claims employees who promised to secure the phone posted the photos on a website. The couple is asking for $3 million in damages. |
and the plot thickens....
QUOTE |
McDonald's Nude Photo Lawsuit Gets More Complicated Lisa Brence & Nichelle Sullivan Tuesday, Jun 30, 2009 @01:18pm CST view largerA lawsuit over nude photos leaked on the internet is now a little more complicated. Circuit Judge Mary Ann Gunn ruled that Mathews Management, which owns the Sixth Street McDonald's in Fayetteville, does have permission to sue a third party for damages over nude pictures of a woman that ended up on the internet. This stems from the case of Phillip and Tina Sherman. The couple originally sued McDonald's, Mathews Management and the manager after Mr. Sherman forgot his cell phone at the restaurant. An employee reportedly found nude pictures of Mrs. Sherman on the phone, and posted them on the internet |
Not sure if he still is an employee. However, if McDonalds prevails in a lawsuit against him (shouldnt be too hard) they can have his future earnings garnished no matter where he works.