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New Lawn Rules

Discussion in 'Broadlands Community Issues' started by Mr Rogers, Feb 29, 2008.

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  1. Lee

    Lee Permanent Vacation

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    No mr Linux it is not as far fetched as you might think. Back in the late eighties their was something like this that actually happened to one of the couples that just moved into one of our homes. Didn't involve the HOA but some construction workers who thought they were just working but were accused of lurking. Don't know how it ended as I moved to California shortly after and never found out the end result. But it started as a mess in the beginning.

    Ok ok Mr Linux I will move on
     
    Lee, Mar 5, 2008
    #101
  2. flynnibus

    flynnibus Well-Known Member Forum Staff

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    It's not grey area - this has gone through many court cases so there is lots of precedence (of course a judge could rule otherwise). Your example (which you don't even know the outcome of... more typical Lee 'facts') is not relevant because you can't even quantify it. There is a difference between SEEING through a window and going up and taking specific actions to be able to look through it. The expectation is about what is in open sight without explicitly taking specific actions to try see into the property through the window to see that was not normally in open view. If its in open view, you can videotape or do whatever you like. What you can't do is violate the 'right to publicity' which means the people you filmed, even though you are the copyright holder as the creation of the media, can not distribute or sell the film without their consent - outside the bounds of fair use - because they still hold the right to control the commercial use of their likeness. Just like you can't take a picture of Obama and put him on the cover of your latest portfolio.

    And again... what you would see or not would have nothing to do with trespassing or not.

    Regardless - this is why we have lawyers to shoot down ridiculous claims like these if they were brought up.
     
    flynnibus, Mar 5, 2008
    #102
  3. vacliff

    vacliff "You shouldn't say that."

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    A funny situation something like this did occur several years ago. I won't go into the details.
     
    vacliff, Mar 5, 2008
    #103
  4. redon1

    redon1 aka Aphioni

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    yeah save those for happy hour!
     
    redon1, Mar 5, 2008
    #104
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