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Hapless Kate topless, toothless law useless

Once it's digital, it's out of your hands

Something for the Weekend, Sir? I rush back from town mid-afternoon in order to participate in an online conference, or what they prefer me to call a "webinar". At home, I discover that my son is sitting at his computer. It’s a school day.

This might not be such a bad thing: since his school doesn’t teach about computers any more - see 'Emotional Baggage' - it’s probably in his interest to remind himself what one looks like from time to time. However, he is wearing a headset, which is not usually required when learning Python at my behest at codeacademy.com.

Responding to my enquiry as to why he has checked out early from school, he informs me that he has two study periods in the afternoon and has chosen to spend these in his bedroom.

“But you’re just listening to music,” I retort. “You’re wearing a headset!”

The evident stupidity of this observation does not warrant a reply, it seems, as my son turns silently back to his work - a video tutorial, as it turns out.

Kate on Google

There and bare... if you know how to look

Shortly afterwards, I am mid-flow in my webinar when my half-life-wife - see 'Safer conjugal rights via electronic skin' - pops her head round the door of the office to ask why I am home early that afternoon.

“I’m participating in a webinar!” I announce.

Incredibly, she doesn’t doesn’t know what a webinar is. “You’re wearing a headset,” she remarks, to the delight of my son who has walked in to see what the parental exchange is about, adding blandly: “I thought you were just listening to music.”

More than an observation on the generation gap, this anecdote reveals how easily media technology is misunderstood by adults who really ought to know better.

For example, by now you’d have thought everyone would have forgotten about Kate Windsor neé Middleton’s attempts to achieve an all-over tan. We’ve had the Hillsborough report and the killing of two policewomen since then – arguably stories with significantly greater public interest – but the ongoing saga of Kate’s bronze-fried eggs lingers on.

Kingston Micro SDHC memory card

The great leveller

The mainstream press naturally focuses on the media and legal implications of printing pictures of royals in the nip. Online comment, predictable as ever, tended to ignore this aspect but instead served up a critical analysis of the size of the royal jigglies. “Nothing to write home about,” was the common declaration, which suggests that when these particular commentators see some really nice boobies, they feel compelled to write to their mums about the experience.

As the original story broke, everyone fruitlessly hunted online for copies of the pics. Given that the photos appeared that morning in a French magazine, my French wife had a brainwave and searched Google not for "Kate topless" but for "Kate seins nus", whereupon she discovered that a helpful French reader of Closer had uploaded poor-quality scans of the pages – copies of which we can all see online today.

Herein lies the challenge for Kate’s lawyers: they can’t storm into court waving bits of paper and demanding to be handed the original negatives, because there aren’t any. A demand that the photographer hand over the "original storage devices" used when the photos were taken is ludicrous, as he could hand over any old SD cards, or even the original ones for that matter. The photos are not fixed inside any device nor necessarily locked into any particular format. They may have begun as RAW, been submitted to the magazines as TIF or DNG, and now the page scans have gone viral as PNG, GIF and JPG.

So we have a situation in which Italian and Scandinavian magazines are forking out large sums on photos that, while still legally owned by the photographer, are effectively now in the public domain. The poor pap probably thought he’d made a mint with those pics, only to have the online community steal them and republish them worldwide for free.

What keeps George Lucas up at nights

What keeps George Lucas awake at nights

If only he’d thought of embedding a digital watermark to prevent unauthorised reproduction, but this would have made his identification a no-brainer for the authorities: we’d see his name in every scan. It might be difficult for Kate and her lawyers but it’s the digital photographer who finds himself in an impossible situation.

While French police chase after him for a few days, Kate’s legal team could spend years hunting down every online reproduction of those magazine scans - remember how long it took George Lucas to destroy every copy of the Star Wars Holiday Special? - and the pap is probably already cursing the day he sold those pictures – so digital, so insubstantial, so easy to copy – so cheaply. ®

Alistair DabbsAlistair Dabbs is a freelance technology tart, juggling IT journalism, editorial training and digital publishing. It’s not altogether true that digital images are easy to copy and share: most of Alistair’s early cutaway illustration work is locked in Aldus Freehand format on 3.5in floppy disks.

Re: Reg online standards converter

I'm not female and do not have breasts, but I'm aware that many people who are, and who do, are deeply disgusted by a tabloid press that considers every woman's body as a resource to exploit for money: if the Duchess of Cambridge is considered a legitimate object of such exploitation, then pretty much anybody is.

Some coverage has either thoughtfully pointed out or gleefully proclaimed, depending on who is speaking and what their intentions are, that the sewer press of the world is equally interested in, and liable to intrude into, Her Royal Highness's womb. And it's disgraceful.

If it was up to me, Prince Harry would be pulled out of Camp Bastion long enough to personally fly missile attacks on the French, Irish, Italian and every other newspaper and magazine office that are profitting from this filthy trade. Bomb them all to hell and leave the bodies buried in the rubble. I sincerely believe that it is a fair reprisal.

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Anonymous Coward

Well you can line me up against the wall

I'd be quite happy never to see another Royal photo, clothed or otherwise.

Aren't there any rich Texans who could buy the Royal Family from us?

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Anonymous Coward

I for one congratulate our princess on her modern attitude towards an all over tan!

and anyone criticising her boobies should be shot as a traitor to the crown!

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Let's not even get into just how much worse of something "private" I can post online can be for you, and just start with this example:

So if I take photos of your bank statements, or credit card, and post them online, they "are now effectively in the public domain" so you shouldn't take action against me?

No. The fact is that that document cannot be "revoked" from the Internet - correct. But it's also true that you should be punished for publishing it in the first place, knowing that it was illegal and damaging to me, and that you should be punished to discourage a) future reoccurrences by yourself and b) future reoccurrences by others. Otherwise, everything we do will be in the "public domain", grey-market or not, and privacy dies a death.

If these photos were taken illegally, and it's proved so in court, there's going to be a HUGE slap to those who published them online or offline should they be identified. And it will have enormous knock-on effects, one of which will be that photographers and editors will be MUCH more careful about ever taking such snaps in the first place, let alone publish them (and I've heard one quote that he was "just a photographer, the editor decides what to publish" which shows an inherently shaky understanding of privacy and the law around who's responsible for actually permanently recording that image in the first place).

Nobody's stupid enough at the Royal lawyers to think they can suck those pictures out of thousands of personal hard drives across the globe. But they might well be able to put the fear of law back into the journalism industry and safeguard their (and other's) future privacy.

If I'd taken a photo of the next door neighbour sunbathing and plastered it over the net, I'd expect to be arrested if caught. Especially if I'd then sold those pictures to publications abroad. Why does journalism get a free-ride in these things that puts them above ordinary mortals?

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Anonymous Coward

Re: Reg online standards converter

Since it seems quite ok to kick off over a video and murder a few people, perhaps we should take great offence and dust off the Crusaders and have another crack, sorting out the French and Italian on the way.

Richard the Lionheart

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