French court issues mixed ruling in Facebook nudity case
Law Journals
A French court ruled Thursday that Facebook failed to fulfill its contractual obligations by closing without prior notice the account of a user who posted a photo of a famous 19th century nude painting.
But the Paris civil court also refused to order the company to restore the account or pay damages as requested by the user, a primary school teacher and art lover. The court said no damages were warranted because he didn't prove any harm suffered due to the account's closure and there was no need to order the account reopened because he was able to set up a new account immediately.
The court also said the 60-year-old Parisian teacher, Frederic Durand-Baissas, didn't prove the deactivation was caused by his posting of the painting.
The judge wrote that Durand-Baissas also didn't provide evidence that he lost contact information for hundreds of "friends," as his lawyer argued during a trial last month.
The plaintiff claimed his profile was suspended in 2011 hours after he posted a photo of Gustave Courbet's "The Origin of the World," a painting from 1866 that depicts female genitalia. He asked the court to order Facebook to reactivate his initial account and to pay him 20,000 euros ($23,500) in damages.
His lawyer, Stephane Cottineau, said that the decision was disappointing and that he would appeal the ruling.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.