'Girls Gone Wild' woman wins lawsuit - GoFuckYourself.com

pornguy · 06-30-2005, 01:28 PM

(June 30) A jury on Wednesday ordered the company that produces the Girls Gone Wild videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. "They needed a smack-down, and they got one," said Kevin E. Martingayle, attorney for Debbie Aficial, 26. "Maybe they should stay in California from now on."

http://home.hamptonroads.com/stories...546&ran=168596

This is bad news for people that shoot things in public.

khs · 06-30-2005, 01:31 PM

interesting

mahoney · 06-30-2005, 01:33 PM

Wow that's a first. Is Joe Frances a free man or what?

jaYMan · 06-30-2005, 01:33 PM

60k. thats not too many dvds to have to sell to recoup. wonder if the national press brought more than that on sales from name branding...

yah bad news for public shooters for sure.

Sosa · 06-30-2005, 01:33 PM

60k isn't shit to him.

KMR Stitch · 06-30-2005, 01:35 PM

Quote:

In testimony this week, Aficial acknowledged giving her verbal permission to have her image used in the video. She did not expose herself but encouraged Davalle to participate and kissed Davalle on camera, according to testimony.

This is how she started to lose the trial

Quote:

Aficial said she was embarrassed and humiliated because of her appearance in the video.

This is how she swayed the jury

Quote:

She said she did not know the video would receive worldwide distribution

This is how playing dumb works

Quote:

after drinking alcohol, she agreed to be a part of the production.

\
This is how she won

Greg Jacobson · 06-30-2005, 01:37 PM

LOL! The Girls Gone Wild office is 2 blocks from mine. They are in a SWEET building.

FilthyRob · 06-30-2005, 01:37 PM

Setting precedences like this makes for more lawsuits

pornguy · 06-30-2005, 01:38 PM

In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine.

sonofsam · 06-30-2005, 01:39 PM

Quote:

Originally Posted by KMR Stitch

This is how she started to lose the trial

This is how she swayed the jury

This is how playing dumb works
\
This is how she won

KMR Stitch · 06-30-2005, 01:39 PM

Quote:

Originally Posted by pornguy

In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine.

Clear state of mind to agree to a contract.. I know thats the law in Florida

Made for Tatoo parlors

bdld · 06-30-2005, 02:05 PM

they ought to have girls sign contracts beforehand and afterwards.

King Porn · 06-30-2005, 02:22 PM

Quote:

Under Virginia law, a person must give written consent to use his or her image in a commercial enterprise.

Key point.

ProjectNaked · 06-30-2005, 02:37 PM

That is why you always have to be careful

kane · 06-30-2005, 02:44 PM

this is nothing new for them. A while back they lost a big suit where a woman said she agreed to be on camera but not on the box cover and in the commercial so she wanted more money. She was awarded a big amount. Of course there was an appeal and I don't know how it turned out but they found out that the guy that owns girls gone wild has hundreds of little companies so if something like this happends he can just say " that company is bankrupt" and not have to pay.

sweetME · 06-30-2005, 02:49 PM

Good for her

tedwinters · 06-30-2005, 02:50 PM

Quote:

Originally Posted by pornguy

In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine.

In Canada, that's been a requirement..
A contract is not legally binding if:
a) it's obvious the contract was not read/specified completely
b) one party is not in a clear state of mind...

in otherwords, contracts signed under duress, while drunk/stoned, etc, aren't legally binding..

jacked · 06-30-2005, 02:52 PM

i was expecting her settlement to be alot more than 60k

cheap whore

Eric · 06-30-2005, 02:57 PM

"Under Virginia law, a person must give written consent to use his or her image in a commercial enterprise. Only a few states have this requirement, which is why Mantra Films can operate so freely, Martingayle said."

basically the only thing they are guilty of is being ignorant of the state law.

Lets see 1.3 million videos at how much? Payoff to one dumb ass chick 60k?

That math works for me anytime of the week and twice on Tuesday!

The only lesson to be learned is that you must know the laws of the area you go and film in. We use to film a lot of stuff like this in Lake Havasu. What many people don't know is that on the CA side the cops are cool and will even take pictures with the girls and don't care what you do as long as you don't fight or drive drunk. But on the AZ side the cops will arrest a girl even if she is being too lude in public, we had a girl taken away on our boat, and even faster if you flash your tits.

So all in all it is all about knowing the laws of the area you are going to be shooting in.

AsianDivaGirlsWebDude · 06-30-2005, 03:06 PM

Quote:

Originally Posted by pornguy

(June 30) A jury on Wednesday ordered the company that produces the Girls Gone Wild videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. "They needed a smack-down, and they got one," said Kevin E. Martingayle, attorney for Debbie Aficial, 26. "Maybe they should stay in California from now on."

Yup, them thar porno-ography folks best stay in Kalifornia if they know what's good for 'em. We mean to put the Virgin back in Virginia.

BTW, the girl's last name, Aficial, is an anagram for "facial" - well, if you close one eye anyway, LOL.

ADG Webmaster

BradShaw · 06-30-2005, 03:09 PM

That guy does more than $60k of coke in one night.

Rochard · 06-30-2005, 03:22 PM

I love this:
?I would never take my clothes off in front of people I didn?t know,? she said.

Well, you did, and you did it on camera.

However, that's all fine. Now they'll sell even more videos!

ProjectNaked · 06-30-2005, 03:39 PM

Quote:

Originally Posted by BradShaw

That guy does more than $60k of coke in one night.

got proof?

Sosa · 06-30-2005, 03:48 PM

Quote:

Originally Posted by ProjectNaked

got proof?

he is a known user...

06-30-2005, 01:28 PM	#1
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	'Girls Gone Wild' woman wins lawsuit (June 30) A jury on Wednesday ordered the company that produces the Girls Gone Wild videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. "They needed a smack-down, and they got one," said Kevin E. Martingayle, attorney for Debbie Aficial, 26. "Maybe they should stay in California from now on." http://home.hamptonroads.com/stories...546&ran=168596 This is bad news for people that shoot things in public. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

06-30-2005, 01:31 PM	#2
khs Confirmed User Industry Role: Join Date: Feb 2005 Posts: 1,730	interesting __________________ Make MORE $$$ now! PussyCash

06-30-2005, 01:33 PM	#3
mahoney Confirmed User Industry Role: Join Date: Nov 2003 Location: Las Vegas Nv Posts: 5,318	Wow that's a first. Is Joe Frances a free man or what? __________________ Vegassexparty.com

06-30-2005, 01:33 PM	#4
jaYMan peace&profit, Industry Role: Join Date: Jan 2001 Posts: 4,885	60k. thats not too many dvds to have to sell to recoup. wonder if the national press brought more than that on sales from name branding... yah bad news for public shooters for sure. __________________ peace&profit, jaYMan

06-30-2005, 01:37 PM	#8
FilthyRob Confirmed User Join Date: Feb 2004 Location: Anaheim - CA Posts: 6,741	Setting precedences like this makes for more lawsuits __________________ AKA - Clubsexy

06-30-2005, 01:33 PM	#5
Sosa In Tushy Land Join Date: Oct 2002 Location: Nebraska Posts: 40,149	60k isn't shit to him.

06-30-2005, 01:37 PM	#7
Greg Jacobson Confirmed User Join Date: Nov 2004 Location: Los Angeles Posts: 812	LOL! The Girls Gone Wild office is 2 blocks from mine. They are in a SWEET building.

06-30-2005, 01:38 PM	#9
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	In most states being drunk does not allow you to side step a law, or to use the I did not know because I was drunk routine. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

06-30-2005, 02:05 PM	#12
bdld $100,000 Join Date: Dec 2001 Posts: 11,452	they ought to have girls sign contracts beforehand and afterwards.

06-30-2005, 02:37 PM	#14
ProjectNaked Confirmed User Join Date: Jul 2004 Location: Detroit Areola Posts: 4,309	That is why you always have to be careful

06-30-2005, 02:44 PM	#15
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	this is nothing new for them. A while back they lost a big suit where a woman said she agreed to be on camera but not on the box cover and in the commercial so she wanted more money. She was awarded a big amount. Of course there was an appeal and I don't know how it turned out but they found out that the guy that owns girls gone wild has hundreds of little companies so if something like this happends he can just say " that company is bankrupt" and not have to pay.

06-30-2005, 02:49 PM	#16
sweetME Confirmed User Join Date: Nov 2004 Posts: 3,162	Good for her __________________ Email: questions @ Prodinix.com \| Site: Prodinix.com

06-30-2005, 02:52 PM	#18
jacked sperm tail Industry Role: Join Date: May 2004 Location: nj Posts: 11,019	i was expecting her settlement to be alot more than 60k cheap whore __________________ Got Cam Models? icq: 361-607-616

06-30-2005, 02:57 PM	#19
Eric Confirmed User Industry Role: Join Date: Dec 2000 Location: The Helm! Posts: 8,818	"Under Virginia law, a person must give written consent to use his or her image in a commercial enterprise. Only a few states have this requirement, which is why Mantra Films can operate so freely, Martingayle said." basically the only thing they are guilty of is being ignorant of the state law. Lets see 1.3 million videos at how much? Payoff to one dumb ass chick 60k? That math works for me anytime of the week and twice on Tuesday! The only lesson to be learned is that you must know the laws of the area you go and film in. We use to film a lot of stuff like this in Lake Havasu. What many people don't know is that on the CA side the cops are cool and will even take pictures with the girls and don't care what you do as long as you don't fight or drive drunk. But on the AZ side the cops will arrest a girl even if she is being too lude in public, we had a girl taken away on our boat, and even faster if you flash your tits. So all in all it is all about knowing the laws of the area you are going to be shooting in. __________________ No One

06-30-2005, 03:09 PM	#21
BradShaw Confirmed User Join Date: Oct 2001 Location: KB's trailer Posts: 7,840	That guy does more than $60k of coke in one night. __________________ Sig too big http://www.gofuckyourself.com/gfy_faqs.html Want to use a large banner in your sig??? Contact Eric about getting on as an advertiser - eric AT adult.com

06-30-2005, 03:22 PM	#22
Rochard Jägermeister Test Pilot Industry Role: Join Date: Dec 2001 Location: NORCAL Posts: 75,075	I love this: ?I would never take my clothes off in front of people I didn?t know,? she said. Well, you did, and you did it on camera. However, that's all fine. Now they'll sell even more videos! __________________ “The choice is no longer between right or left. The choice is between normal and crazy.” - Sarah Huckabee Sanders