Text message ownership

[Tom63]

SC.
A former friend has told me that they are posting a text conversation (on the internet) that we had months ago. It's nothing business related, just personal admissions of things that we did. Just embarrassing stuff, but it's true. Nothing illegal either. I've been told that when you send someone a text, it becomes theirs to do anything they want with. My question is- Is this true?
Is there anything I can do to stop this?

 

[Just Blue]

SC.
A former friend has told me that they are posting a text conversation (on the internet) that we had months ago. It's nothing business related, just personal admissions of things that we did. Just embarrassing stuff, but it's true. Nothing illegal either. I've been told that when you send someone a text, it becomes theirs to do anything they want with. My question is- Is this true?
Is there anything I can do to stop this?

My understanding...Is Yes. You "gifted" "that embarrassing conversation". Based on the ^ post.


Now...Was this a sexting "convo"? That distinction "MIGHT" make a difference. Depending.

 

[quincy]

SC.
A former friend has told me that they are posting a text conversation (on the internet) that we had months ago. It's nothing business related, just personal admissions of things that we did. Just embarrassing stuff, but it's true. Nothing illegal either. I've been told that when you send someone a text, it becomes theirs to do anything they want with. My question is- Is this true?
Is there anything I can do to stop this?

Technically, what you write in a text message or email belongs to you (you hold the copyrights in written words that are original and creative) but, once you send your message to another, you have essentially lost control of these words. There is little you can do to stop your friend from publishing the exchange online, other than to appeal to his better nature.

Although private/confidential conversations published by the recipient of a text, email or letter could give rise to a publication of private facts claim depending on the nature of what was revealed in the messages, this again would be a difficult to pursue legally, although the publication of personal letters has supported legal actions in the past (but only when the author of the letters has been famous and the words therefore valuable).

Anyone who wants to convey personal (or humiliating) information to another should do so in person. This does not guarantee the information will not be shared, but it is less likely to find its way to internet and potentially shared with millions.

If the person who published the text is really your friend, they will either remove the text from its place online or not publish it online at all.

 

[OHRoadwarrior]

You could always introduce the possibility the text conversation was spoofed if you do not believe it is what you said.

 

[quincy]

You could always introduce the possibility the text conversation was spoofed if you do not believe it is what you said.

Tom63 already said that the text messages his friend was going to publish were, in fact, exchanged between them.

It would not be a good idea for Tom63 to lie about his friend or the text.

 

[janiekwong]

This is less a copyright and much more of a user agreement question. As for me, most text messages do not contain authorship sufficient to merit copyright protection.

 

[quincy]

This is less a copyright and much more of a user agreement question. As for me, most text messages do not contain authorship sufficient to merit copyright protection.

It can actually be a copyright issue - but not one that usually leads to any sort of infringement action.

There is very little creativity needed for a work to be offered protection under copyright laws (refer to the decision in Feist Publications, Inc. v. Rural Telephone Service Co., 499 US 340, 1991).

I am not sure what you mean by "user agreement" unless you mean what was decided between sender and recipient as to the private or confidential nature of the communication. And I tend to question you knowing what "most text messages" contain. I have no idea what you mean by containing sufficient "authorship."

 

[janiekwong]

It can actually be a copyright issue - but not one that usually leads to any sort of infringement action.

There is very little creativity needed for a work to be offered protection under copyright laws (refer to the decision in Feist).

I am not sure what you mean by "user agreement" unless you mean what was decided between sender and recipient as to the private or confidential nature of the communication. And I tend to question you knowing what "most text messages" contain or I have no idea what you mean by containing sufficient "authorship."

I was just trying to give an advice here. You should give other people a chance to give their advises based on their point of views. It seems that most of the forum threads here has all your responses and you intend that all the advises you give are right and correct.

 

[quincy]

I was just trying to give an advice here. You should give other people a chance to give their advises based on their point of views. It seems that most of the forum threads here has all your responses and you intend that all the advises you give are right and correct.

When what is provided is incorrect, it needs correcting. It is better that you do not offer "advises" unless you know what you are talking about, so that corrections are not needed.

This is not a "point of view" forum but a "legal" forum. Perhaps you did not understand that when you registered?

Do you live in the US, janiekwong? I have a feeling from your posting history that you are not familiar with US laws.

 

[jimnyc]

I was just trying to give an advice here. You should give other people a chance to give their advises based on their point of views. It seems that most of the forum threads here has all your responses and you intend that all the advises you give are right and correct.

I agree, there are a TON of threads that have Quincy posting in them. And he's always correct. And he's willing to take constructive criticism. He's always helpful to those asking questions and spends a great deal of time with it. Hell, he even thanks people for thanking him. He offers links to those in need to the forms they need. I don't think, not a single time, have I seen him claim he is always right and correct. There was no ill intent whatsoever from him that I can see. He took your post and slightly corrected it and added additional helpful information. Surely, if you can offer better than Quincy, by all means, have at it. Until then, I'm just happy to read so many of his helpful posts and learn from them myself!

 

[quincy]

I think I want to bronze your post, jimnyc.

Thanks for the really nice words (now I should probably delete all of my posts on this forum that do not quite live up to them )