[HN Gopher] Who Owns My Name?
       ___________________________________________________________________
        
       Who Owns My Name?
        
       Author : Tomte
       Score  : 727 points
       Date   : 2021-07-30 13:09 UTC (9 hours ago)
        
 (HTM) web link (amandamarieknox.medium.com)
 (TXT) w3m dump (amandamarieknox.medium.com)
        
       | spoonjim wrote:
       | Crazy that she cannot she the bejeezus out of Matt Damon over
       | this. This is awful.
        
       | seriousquestion wrote:
       | This is one of those cases where the news cycle and court of
       | public opinion spiraled out of control, never to be corrected.
       | Imagine how surreal and frustrating that must be? And she makes a
       | good point about how these things get named:
       | 
       | Who had the power in the relationship between Bill Clinton and
       | Monica Lewinsky? The president or the intern? It matters what you
       | call a thing. Calling that event the "Lewinsky Scandal" fails to
       | acknowledge the vast power differential, and I'm glad that more
       | people are now referring to it as "the Clinton Affair" which
       | names it after the person with the most agency in that series of
       | events.
        
         | prepend wrote:
         | I think saying "the Clinton Affair" is not specific enough so
         | the press calling it "Lewinsky Scandal" is more understandable
         | and has nothing to do with agency, I think.
         | 
         | There are multiple Clinton affairs and multiple scandals so any
         | headline using those terms wouldn't make sense.
         | "Clinton/Lewinsky Scandal" would make more sense and be clear.
        
         | Alex3917 wrote:
         | It's named after the one who told other people about the
         | relationship. That's about as fair as you can get.
        
         | iratewizard wrote:
         | I think the big difference with the Lewinsky scandal is two
         | things: everyone knows who Clinton is, so "the Clinton Affair"
         | is not as precise; and Monica Lewinsky was not an innocent
         | victim.
        
           | stjohnswarts wrote:
           | Lewinsky was abused by a man in power. In a corporate
           | environment she could have easily sued. If they would have
           | met in a bar then the situation would have been different.
           | You are incorrect.
        
             | himinlomax wrote:
             | From what I remember about her (and that was 20 years ago),
             | it seems to me she wouldn't have necessarily considered
             | herself abused or victimized without the media and
             | political circus that followed.
        
               | stjohnswarts wrote:
               | It really doesn't matter what she thought in context of
               | the situation. The fact remains her boss, the President
               | of the United States of America, the most powerful person
               | on the planet, used his position on his employee to get
               | sex.
        
             | iratewizard wrote:
             | You weren't there. You can barely claim having a 3rd hand
             | account of the situation. You're a fool who forms strong
             | opinions around assumptions and political spin. You are
             | incorrect.
        
               | stjohnswarts wrote:
               | I actually can claim what I said because of the facts of
               | the case. No one can deny she was his intern, no one can
               | deny that he was the President, no one can deny that he
               | shouldn't have done it given his position of power over
               | her future. You are the one who is incorrect.
        
               | baobabKoodaa wrote:
               | You said: "Lewinsky was abused".
               | 
               | "she was his intern" does not mean "was abused".
               | 
               | "he was the President" does not mean "was abused".
               | 
               | "he shouldn't have done it given his position of power
               | over her future" does not mean "was abused".
               | 
               | If you have a specific claim as to why you think Lewinsky
               | was abused, perhaps you should state that claim. (Of
               | course, you don't actually have one.)
        
           | xivzgrev wrote:
           | At least could call it the Clinton Lewinsky affair. Calling
           | it just the Lewinsky affair puts it all on her.
        
           | bahmboo wrote:
           | What was she guilty of?
        
             | dylan604 wrote:
             | Adultery? History tends to always blame the woman and
             | shrugs at the man even though it takes two to tango.
        
               | horsemans wrote:
               | Lewinsky has never been married. Clinton was the
               | adulterer.
        
               | rootusrootus wrote:
               | Depends on who is defining the term, and in case of law,
               | jurisdiction. Some places define both parties as guilty
               | of adultery. Some only do so contingent on whether it was
               | the man that was married, or the woman (e.g. Utah).
               | 
               | Morally, it is fairly unambiguous. If the unmarried
               | partner _knew_ they were banging a married person, they
               | are just as responsible.
        
               | baobabKoodaa wrote:
               | > Morally, it is fairly unambiguous. If the unmarried
               | partner knew they were banging a married person, they are
               | just as responsible.
               | 
               | Perhaps that's your moral view, but it does not represent
               | everyone else's morals, so I don't know why you're
               | claiming it to be "unambiguous". There's plenty of people
               | who would say that the unmarried person in an affair
               | shares less of the blame than the married person in the
               | affair. For starters, the married person breaks a
               | contract, whereas the unmarried person does not have a
               | contract to break.
        
       | golemotron wrote:
       | This falls into the same category as France asserting control
       | over the use of the word 'Champagne'.
       | 
       | People use words. People talk about events and other people. It's
       | part of being alive.
        
         | kube-system wrote:
         | Not at all the same. Food labelling laws are a consumer
         | protection.
        
           | golemotron wrote:
           | I'm doing a search now for hospital visits by people who
           | accidentally drank wine that was mislabeled as champagne.
        
             | kube-system wrote:
             | There are plenty of consumer protections that have nothing
             | to do with safety. Many countries have origin labelling
             | requirements for a lot of goods, and they rarely were
             | predicated on safety. Misrepresentation doesn't have to
             | physically harm people to be bad.
        
       | delusional wrote:
       | Reading this, I can't help but ponder the role of mass media in
       | society. How much of our collective worldview is based on
       | marketability of stories in Hollywood? I don't think the writers
       | on Stillwater had any intrinsic interest in retelling her story
       | unfaithfully, but ultimately they are in the business of
       | modifying the story for maximum market appeal. In this case that
       | sucks for Amanda. An incorrect version of her story has entered
       | the public consciousness as myth and I, like Amanda, imagine that
       | this myth will stop much needed debates about the system that led
       | her to innocently going to prison.
       | 
       | How many of the myths that I believe in, and interpret the world
       | by, have been distorted by market forces? It's a really scary
       | question if I'm honest.
        
         | [deleted]
        
       | helsinkiandrew wrote:
       | The reason she's mentioned in US media now and then rather than
       | the victim and perpetrator is because she's American and the
       | public will be interested. In the U.K. newspapers talk about
       | Meredith Kercher.
       | 
       | That doesn't make it right or excuse the dreadful treatment
       | though. I can't see how using her name to promote the film isn't
       | slanderous/libellous.
        
         | lvs wrote:
         | No, the reason was that she is very attractive. That sells
         | advertising. It's as simple as that. Many of the vile things we
         | complain about in media all come down to the business model.
        
       | pajko wrote:
       | From law's viewpoint, you don't own your face and your
       | fingerprints. The police can force you to unlock your devices via
       | face or fingerprint recognition, or can do it itself by force
       | against your will, but can't force you to unlock via passcode
       | (which is in your head).
        
         | SavantIdiot wrote:
         | Not quite, it's a little murkier:
         | 
         | https://www.eff.org/issues/know-your-rights
         | 
         | (But since that Israeli company is selling iPhone hacking kits,
         | locks probably don't matter anymore.)
        
         | compiler-guy wrote:
         | Not that simple. From the law's viewpoint you own your car or
         | house, but there are legal ways of compelling you to do certain
         | things with it, or even surrendering it.
        
       | gpas wrote:
       | I'm italian and I remember very well the shitshow that followed
       | the tragedy. When a case has no clear ending, and the press has
       | already issued its weekly verdicts, noone comes out fully
       | innocent and in that moment justice has failed.
       | 
       | I'm surprised to read her name for the second time in two weeks,
       | now even here on hn.
       | 
       | Just a week ago, out of the blue, even if people had rightfully
       | forgotten her...
       | 
       | https://twitter.com/amandaknox/status/1418628570453200897
       | 
       | She has all the rights to tweet everything she wants, but that's
       | not the best way to go under the radar.
       | 
       | I'm convinced that, when there's the will, the world is big
       | enough for anyone to disappear and get a new life.
        
         | silviot wrote:
         | I'm confused: are you taking into account the existence of this
         | movie? https://en.wikipedia.org/wiki/Stillwater_(film)
         | 
         | It's one of the points of the article. You really, really
         | should take that into account before saying something like
         | 
         | > I'm convinced that, when there's the will, the world is big
         | enough for anyone to disappear and get a new life.
         | 
         | and blame her tweets for the attention she gets.
        
       | [deleted]
        
       | GoodJokes wrote:
       | She has made her whole career about this event. I don't blame
       | her, but she is now fully in the game too.
        
       | ghaff wrote:
       | Is the direct connection actually explicit in the film somehow?
       | (e.g. "based on the Amanda Knox saga") My impression, not having
       | seen the film, is not.
       | 
       | Usually, when there's a fictionalized novel/film based on a real
       | world person (well, outside of someone really famous like JFK),
       | it's usually obvious to everyone and all the reviews will mention
       | it but the work will often explicitly disclaim any connection to
       | actual people and events. Not much anyone can or should be able
       | to do about that.
        
       | teddyh wrote:
       | The answer to the literal question is simple. Other people use
       | your name, not you, so the name belongs to other people. Render
       | unto Caesar, etc.
       | 
       | Your name refers to, not your identity (whatever that is), but
       | _the idea of you in the heads of other people_.
        
         | pjc50 wrote:
         | What is Elton John's name and who owns it?
        
           | ghaff wrote:
           | This can actually be a somewhat complicated issue when
           | businesses are involved. When a family name is trademarked as
           | part of a business, a different family member can sometimes
           | be prevented from using their family name in a competing
           | business, e.g.
           | https://www.bullyhillvineyards.com/about/heritage
        
           | bahmboo wrote:
           | Reminds me of the artist formerly known as Prince. We need a
           | Prince symbol emoji.
        
         | ectospheno wrote:
         | I feel like your answer not only ignores the entire premise of
         | the article but also throws fuel on the power differential fire
         | discussed within.
        
           | tiahura wrote:
           | He's providing the unavoidable answer that the author feels
           | is unfair - your reputation doesn't belong to you, it belongs
           | to everyone else.
           | 
           | She believes it's unfair because powerful people are able
           | shape hers. I suppose the alternative is to have our
           | reputation determined by unbiased Facebook factcheckers.
        
             | adjkant wrote:
             | So are you against all defamation lawsuits? This is more or
             | less just an extension of that train of thought: people
             | deserve to not have their reputation ruined unfairly by
             | powerful structures. There's a big difference between
             | gossip of people you know and a Hollywood movie.
        
               | kortilla wrote:
               | This movie isn't defamation. It doesn't paint her as a
               | murderer.
        
               | oh_sigh wrote:
               | It paints her as dreaming of murdering her and asking a
               | friend to "take care of her"
        
         | olah_1 wrote:
         | This reminds me of identity in Secure-Scuttlebutt. It's my
         | favorite naming system.
         | 
         | Basically you're just an unpronounceable identity. Other people
         | give you names. Different people call you different things.
         | 
         | After all, when you're born, you're just given a name.
        
         | cblconfederate wrote:
         | By that logic trademarks should not exist
        
           | teddyh wrote:
           | Trademarks exist to protect against _consumer confusion_
           | (intentional or not), nothing else.
           | 
           | In this case, the name of a person is used to refer to the
           | events which happened to that person and the related media
           | circus. Is this confusing to anybody? No.
        
             | elric wrote:
             | Additionally, trademarked names are made up by the
             | trademark owner (or by people they pay). Your name is made
             | up by your parents/guardians, and you generally have no say
             | in it.
        
               | pjc50 wrote:
               | Your _default_ name is the one you get from your parents,
               | but there are all sorts of personal or professional
               | reasons to change it, and it used to be standard for
               | women to change their names at least once in a lifetime.
        
               | smeyer wrote:
               | I changed my last name when I got married. Does that mean
               | that I own my last name but not my first name (which has
               | been unchanged since birth)?
        
             | SuperNinKenDo wrote:
             | Might I suggest you make an actual attempt to wrestle with
             | the issues the article presents.
        
             | denton-scratch wrote:
             | In this case, the consumer is being confused into thinking
             | the film is about Amanda Knox, which it isn't (according to
             | the producer). So the marketing is deceptive, or the
             | producer is being deceitful.
             | 
             | Either way, if Amanda had had a trademark on her name, she
             | could have sued, I suppose.
             | 
             | I'm not keen on the idea of trademarking ones own name
             | though. I don't envisage many poor people bringing suit for
             | wrongful use of their name. It would be used by rich people
             | to intimidate reporters, and we'd all end up worse-
             | informed.
             | 
             | I think Amanda's complaint about the film and its promotion
             | are valid, and I definitely think she should have been
             | involved in the production. I think the producers should
             | immediately start negotiating compensation with her, as a
             | matter of goodwill.
        
               | teddyh wrote:
               | > _In this case, the consumer is being confused into
               | thinking the film is about Amanda Knox_
               | 
               | Are they? As I understand it, the name was not used in
               | marketing, only mentioned once in an interview about
               | where the story inspiration came from.
        
             | moron4hire wrote:
             | The name of this person is being used to refer to a
             | fictional story. The events as depicted did not occur. It's
             | absolutely confusing.
        
       | OskarS wrote:
       | It's a really powerful article, and it's hard to argue with any
       | of it. What a nightmare it must be to have what happened to
       | Amanda Knox happen to you. A totally innocent person, who was not
       | only imprisoned for years for a crime she had nothing to do with,
       | but also had her name dragged in the mud by the global press for
       | years. To such an extent that most casual observers still think
       | she had something to do with the crime.
       | 
       | It's clear that the filmmakers have no _legal_ obligation to Knox
       | (and she acknowledges as much in the article), but I think it is
       | equally clear that they have a _moral_ obligation to not slander
       | her using a thinly veiled fictional character.
       | 
       | It's a shame too, because the real "Amanda Knox saga" would make
       | for a much more interesting movie: what is it like to have your
       | roomate murdered, your life destroyed, and your identity robbed
       | from you by the global tabloid press? That's the real Amanda Knox
       | story.
        
         | kevinmchugh wrote:
         | Jimmy Dell : I think you'll find that if what you've done for
         | them is as valuable as you say it is, if they are indebted to
         | you morally but not legally, my experience is they will give
         | you nothing, and they will begin to act cruelly toward you.
         | 
         | Joe Ross : Why?
         | 
         | Jimmy Dell : To suppress their guilt.
         | 
         | - The Spanish Prisoner
        
         | Cederfjard wrote:
         | > It's a shame too, because the real "Amanda Knox saga" would
         | make for a much more interesting movie: what is it like to have
         | your roomate murdered, your life destroyed, and your identity
         | robbed from you by the global tabloid press? That's the real
         | Amanda Knox story.
         | 
         | What are the themes of this new movie, then, if not those?
        
           | ukoki wrote:
           | > What are the themes of this new movie, then, if not those?
           | 
           | It falsely implies that Amanda is partially guilty for one
           | (from the article):
           | 
           | > McCarthy told Vanity Fair that "Stillwater's ending was
           | inspired not by the outcome of Knox's case, but by the
           | demands of the script he and his collaborators had created."
           | Cool, so I wonder, is the character based on me actually
           | innocent?
           | 
           | > Turns out, she asked the killer to help her get rid of her
           | roommate. She didn't mean for him to kill her, but her
           | request indirectly led to the murder. How do you think that
           | impacts my reputation?
        
           | OskarS wrote:
           | I haven't seen the movie so I have no idea, but I can't but
           | quote from the article itself:
           | 
           |  _"..is the character based on me actually innocent?_
           | 
           |  _Turns out, she asked the killer to help her get rid of her
           | roommate. She didn't mean for him to kill her, but her
           | request indirectly led to the murder. How do you think that
           | impacts my reputation? I continue to be accused of "knowing
           | something I'm not revealing," of "having been involved
           | somehow, even if I didn't plunge the knife." So Tom
           | McCarthy's fictionalized version of me is just the tabloid
           | conspiracy guilter version of me."_
        
             | Cederfjard wrote:
             | Thanks. I can see now how the tone might appear different,
             | but it was a genuine question.
        
               | [deleted]
        
           | danso wrote:
           | Haven't read the blog post but in her tweet thread last
           | night, Knox spoils how the movie ends --- and also, based on
           | the trailer, the movie theme seems to be much more about
           | American-dad-out-of-America than the media and justice issues
           | surrounding the real case.
           | 
           | Spoiler tweet: https://twitter.com/amandaknox/status/14208722
           | 27277262852?s=...
        
             | sundvor wrote:
             | To be fair, spoiling the ending of the movie was necessary
             | to make her case - which also had said side benefit, giving
             | her the most minor of retributions.
             | 
             | It seems like she got judged massively simply because she
             | was/ is a very attractive woman; media who are under
             | instruction to capitalise on attractive females[0] had no
             | qualms about doing so in her case either.
             | 
             | It's all up pretty disgusting and I'm extremely
             | disappointed with Matt Damon for getting involved with this
             | movie _now_ - reopening all those wounds yet again -
             | without even checking in with her.
             | 
             | [0] There's evidence of this in Kevin Rudd's Royal
             | Commission on Murdoch in Australia -
             | https://youtu.be/X68NVLPVzuI
        
         | Taylor_OD wrote:
         | There is a quite interesting Amanda Knox documentary that she
         | was very much involved in making on Netflix. If you want the,
         | "saga" its worth a watch.
        
         | contravariant wrote:
         | > the real "Amanda Knox saga" would make for a much more
         | interesting movie: what is it like to have your roomate
         | murdered, your life destroyed, and your identity robbed from
         | you by the global tabloid press? That's the real Amanda Knox
         | story.
         | 
         | I might be confused but isn't that the exact plot of the movie
         | she is referencing?
        
           | robotresearcher wrote:
           | Apart from the detail where the real Knox is innocent and the
           | movie Knotnox conspired with the killer, as the article
           | explains.
        
             | prepend wrote:
             | The real Knox was acquitted and found not guilty. That's
             | different from being innocent.
        
               | oh_sigh wrote:
               | No, the Italian Supreme court definitively acquitted them
               | and explicitly ruled that they were innocent. I'm sure
               | that doesn't change your viewpoint on anything though.
        
               | macintux wrote:
               | She was explicitly declared innocent by the court system,
               | not merely "not guilty".
        
         | unyttigfjelltol wrote:
         | >It's clear that the filmmakers have no legal obligation to
         | Knox (and she acknowledges as much in the article)
         | 
         | I think you and she are being generous. Amanda 'jokingly'
         | floats the idea of defaming and slandering Matt Damon under the
         | guise of fictionalization. She makes an excellent point-- Matt
         | wouldn't put up with that. The only plausible distinction he
         | can make is that his movie is not a gross distortion of the
         | moral character of a living person, which seems like the sort
         | of thing courts can and do sort between litigants who cannot
         | agree.
        
           | hprotagonist wrote:
           | >Matt [Damon] wouldn't put up with that.
           | 
           | welllllll.
           | 
           | https://www.youtube.com/watch?v=gnPWJOJYVKc
        
             | nostromo wrote:
             | How is a silly portrayal at all equivalent to insinuating
             | someone murdered (or caused the death of) their friend?
             | 
             | Besides, there is a higher level of protection from libel
             | in the US as a private person vs a public figure.
        
             | oh_sigh wrote:
             | Matt Damon is good friends with Trey Parker and Matt Stone,
             | and the only reason they made him like that is because the
             | doll maker messed up on Damon's doll and he looked like a
             | dunce.
        
           | jasode wrote:
           | _> floats the idea of defaming and slandering Matt Damon
           | under the guise of fictionalization. She makes an excellent
           | point-- Matt wouldn't put up with that._
           | 
           | But it seems like Matt Damon would have to put up with it.
           | What could Matt realistically do? Filing a lawsuit would
           | probably go nowhere. See the informal "small penis" rule by
           | fiction writers:
           | https://en.wikipedia.org/wiki/Small_penis_rule
           | 
           | The 2010 film "The Social Network" didn't even bother with
           | fictionalized names and made Mark Zuckerberg look bad but he
           | didn't sue. One legal opinion thinks MZ didn't have an easy
           | case of defamation which would make the lawsuit a waste of
           | time:
           | https://www.litigationandtrial.com/2010/07/articles/the-
           | law/...
        
             | spoonjim wrote:
             | Mark Zuckerberg couldn't have sued because the media would
             | have spun that into a PR disaster for Facebook, and they
             | already have enough of those.
        
             | xofer wrote:
             | IANAL, but I think she absolutely has a legal case. It
             | costs a lot of money to make a case "go nowhere" even with
             | the slightest validity.
             | 
             | The small penis thing doesn't seem relevant here, and even
             | if so, it's a strategy for making it more difficult to make
             | what would be a valid claim.
        
               | jasode wrote:
               | _> IANAL, but I think she absolutely has a legal case._
               | 
               | If she does, it seems like a bunch of greedy lawyers
               | looking for a big pay day would be willing to _take her
               | libel case on contingency_ which would cost her nothing.
               | If a lawyer is willing to risk a ton of their own firm 's
               | money because they're confident of a winning big multi-
               | million dollar judgement from the filmmaker, that would a
               | good signal that Amanda has an excellent case.
               | 
               | Maybe her phone is ringing off the hook with calls from
               | such lawyers but I doubt it because such defamations
               | lawsuits against works of fiction have been historically
               | hard to win.
               | 
               | Another aspect that's made more confusing by the various
               | replies in this thread is that the film's official
               | marketing (trailer, official website, posters) do not
               | mention "Amanda Knox" or even have a tagline of "inspired
               | by a true story". Instead, it's the _various news media_
               | (such as Vanity Fair magazine article she cited) making
               | the parallels to Amanda Knox.
               | 
               | Yes, the filmmakers may be sly about avoiding the mention
               | of "Amanda Knox" while being fully aware that the media
               | outlets will make that connection in the minds of the
               | public for them.
               | 
               |  _> The small penis thing doesn't seem relevant here,_
               | 
               | To clarify in case the sequence of ideas got lost in the
               | replies... I mentioned the "small penis" informal rule
               | was a _strategy for Amanda Knox to hypothetically write a
               | fiction story_ about someone named  "Mack Dorkin not
               | being well-endowed" and the real Matt Damon not pursuing
               | a lawsuit to silence her. It wasn't about "Stillwater"'s
               | filmmakers using that strategy to protect themselves from
               | Amanda Knox.
        
             | whall6 wrote:
             | I laughed out loud reading the small penis wiki
        
             | srtjstjsj wrote:
             | "small penis" was Chrichton making a mean joke, not a legal
             | theory.
        
               | jasode wrote:
               | _> "small penis" was Chrichton making a mean joke, not a
               | legal theory._
               | 
               | I had already used the adjective _" informal"_ to
               | describe the so-called "rule" so there was no need to
               | nitpick that it wasn't "legal theory".
               | 
               | In any case, it seems like you didn't carefully read the
               | wikipedia article so your attempted correction is not
               | accurate. You've got your timeline mixed up.
               | 
               | The "small penis rule" was mentioned by journalist
               | Dinitia Smith in 1998 _(6 years before Michael Chrichton
               | used it in his 2004 book)_ in a New York Times article.
               | She was relaying a legal strategy told to her by attorney
               | Leon Friedman.
               | 
               | Excerpt from the NY Times 1998 article:
               | 
               | >Leon Friedman, who was Sir Stephen's American lawyer in
               | his dispute with Mr. Leavitt and who moderated the
               | Authors Guild panel, observed that ''under New York State
               | law, you cannot use a person's name, portrait or picture
               | for purposes of trade without their permission.'' You
               | can, however, use a person's identity if you don't use
               | his name, he added.
               | 
               | >That is, unless you libel them. ''Still, for a fictional
               | portrait to be actionable, it must be so accurate that a
               | reader of the book would have no problem linking the
               | two,'' said Mr. Friedman. Thus, he continued, libel
               | lawyers have what is known as ''the small penis rule.''
               | One way authors can protect themselves from libel suits
               | is to say that a character has a small penis, Mr.
               | Friedman said. ''Now no male is going to come forward and
               | say, 'That character with a very small penis, 'That's
               | me!' ''
        
             | [deleted]
        
             | aenario wrote:
             | "The social network" does not make Mark Zuckerberg look
             | bad. He looks like a poor socially inept nerd who got
             | scammed by Parker, it makes one want to pity him.
        
               | jonathankoren wrote:
               | The film shows how he betrayed and stole Eduardo
               | Saverin's money.
               | 
               | If Zuckerberg looks like a shit person, it is because he
               | is a shit person.
        
               | ALittleLight wrote:
               | I'm currently reading a book called "Facebook The Inside
               | Story" and while it's definitely an anti-Facebook
               | perspective it illustrates a number of ways the movie was
               | unfair to Mark.
               | 
               | The biggest problem, to me, was suggesting that Mark
               | basically stole the concept from the Winklevoss twins.
               | The book traces the origins of the idea and clarifies the
               | context. Things like: there are many other similar social
               | networks, a boy at Mark's previous school had created and
               | shared a "Facebook" project, the Harvard school newspaper
               | was explicitly calling for the creation of a school wide
               | Facebook (and that call inspired Mark to try and create
               | one first), etc. It's less like he stole the idea from
               | the Winklevoss twins and more like the idea was out there
               | in many ways. What he did to the Winklevoss twins was
               | tell them he was working on their project while working
               | on his own intentionally trying to derail them.
        
               | deanCommie wrote:
               | > The biggest problem, to me, was suggesting that Mark
               | basically stole the concept from the Winklevoss twins.
               | 
               | I don't think the film suggests that at all. It says the
               | Winklevoss think this, of course. But it doesn't agree
               | with them.
               | 
               | > What he did to the Winklevoss twins was tell them he
               | was working on their project while working on his own
               | intentionally trying to derail them.
               | 
               | That's also exactly what the movie says. The film is on
               | the Winklevoss's side at all - it makes them look
               | ridiculous for thinking their "innovative" idea is that a
               | harvard.edu address is exclusive. They're douchebags who
               | want to make a website to put on the internet what is
               | already happening at the Finals clubs (buses bringing in
               | hot women to party with harvard legacies).
               | 
               | The part of the film that I thought was the biggest
               | problem was that it framed the whole Facebook project as
               | Mark's way to deal with loneliness. The film starts with
               | him being dumped by Erica. The film ends with him
               | refreshing (pathetically) the pending friend request to
               | her on Facebook.
               | 
               | In reality he had a long term girlfriend when he started
               | developing Facebook and she is now his wife.
               | 
               | Mark maybe a socially awkward human who doesn't quite
               | understand that Facebook has become a weird perversion of
               | actual social interaction, but he is not alone the way
               | the film constantly repeats (Eduardo: "I was your only
               | friend")
        
               | ALittleLight wrote:
               | I agree with you that the film also slights Zuckerberg by
               | suggesting he has few or no friends and was creating
               | Facebook over a girl. There are a number of things I
               | think the film "gets wrong". The removal of Saverin made
               | a lot more sense to me in reading the Facebook book I
               | referenced above compared to when I saw the movie - where
               | it felt much more like betraying a friend.
               | 
               | When I saw the film I did get the impression that it
               | supported the "Mark stole the idea from Winklevoss twins"
               | narrative. Granted, I saw it years ago and I may be
               | remembering things incorrectly, but that's what I
               | (remember that I) took away from it.
               | 
               | A big concept that I think the movie "gets wrong" (scare
               | quotes because the movie successfully tells an
               | entertaining story and isn't trying to be a faithful
               | history, so the movie isn't exactly wrong, just not
               | reflective of reality) is the focus on the drama with the
               | twins, Saverin, and Mark. The book spends much more time
               | with Facebook design decisions and a broader cast.
               | 
               | The movie's narrower focus on a few main characters and
               | their drama makes it seem like the consequential moments
               | of Facebook's history are things like getting the idea
               | from the Winklevoss twins. The movie thinks more about a
               | spark of an idea - Facebook, whereas the book thinks more
               | about taking a prototype and turning it into a big
               | business. I think the latter is more of what is important
               | about Facebook.
        
               | fnord77 wrote:
               | everyone looked bad in that movie.
               | 
               | I think Aaron Sorkin relishes in making people look
               | really horrible.
        
               | ghaff wrote:
               | Really? I won't say everyone in The West Wing is a saint.
               | But most everyone on both sides of the aisle comes across
               | as a lot more idealistic and principled than you're
               | likely to find in the real Washington DC.
        
               | tyingq wrote:
               | >"The social network" does not make Mark Zuckerberg look
               | bad
               | 
               | It depicts that he did steal the idea from the Winklevoss
               | brothers. It also painted a picture that he directly
               | conspired with his investors to screw Eduardo Saverin.
               | 
               | I suspect that's all at least partially true, but perhaps
               | not as clear cut as the film shows.
        
               | narag wrote:
               | Maybe something was lost in translation, I watched the
               | movie dubbed to Spanish, but what I remember is that the
               | Winklevoss tried to exploit Zuckerberg and Saverin was
               | slacking after the first few months, so Zuckerberg only
               | responded in a crude but not totally unreasonable
               | fashion.
               | 
               | Movies tend to make us identify with the main character,
               | maybe that's why I saw his actions as adequate to the
               | throat-cutting environment.
        
               | tyingq wrote:
               | I meant the sort of timeline that unrolled...you see
               | things like this excerpt, supposedly an email between
               | Zuck and the Winklevosses:
               | 
               |  _" I read over all the stuff you sent me re: Harvard
               | Connection and it seems like it shouldn't take too long
               | to implement, so we can talk about it after I get all the
               | basic functionality up tomorrow night."_
               | 
               | Where that's happening, in the movie, well before Zuck
               | starts working on "The Facebook". Without any other
               | context that perhaps it wasn't Zuck's first exposure to
               | that kind of idea.
        
               | adventured wrote:
               | > but what I remember is that the Winklevoss tried to
               | exploit Zuckerberg and Saverin was slacking after the
               | first few months, so Zuckerberg only responded in a crude
               | but not totally unreasonable fashion.
               | 
               | I don't know what Saverin was actually up to in those
               | days (reality vs the fiction of the movie), however the
               | movie clarified that Saverin was taking the subway in New
               | York "12 hours a day" trying to generate advertising
               | sales for Facebook. It notes that he had taken an
               | internship and quit the first day to direct his time in
               | pursuit of trying to garner ad sales for Facebook. Parker
               | insults Saverin about this in the confrontation scene at
               | the Palo Alto house they're renting ("you're just one
               | step away from bagging Snookies Cookies"), and then
               | Saverin clarifies to Zuckerberg in the hallway what he's
               | up to.
               | 
               | The movie makes it appear as if they decided to cut
               | Saverin out of the company because he froze the company
               | accounts out of spite, after Zuckerberg tells Saverin
               | that he needs to move out to California, that he's at
               | risk of being left behind. There's a phone call between
               | Zuckerberg and Saverin (during which Saverin's girlfriend
               | lights something on fire), where an upset Zuckerberg
               | confronts Saverin about freezing the company accounts,
               | where he rants about the risk that it posed to Facebook
               | and its uptime.
               | 
               | Did Saverin actually do that, and did that play a role in
               | why they tried to cut him out of the company? Maybe
               | somebody else here that knows a lot more can chime in.
               | 
               | This story with quoted personal instant messages & emails
               | indicates Saverin began running unauthorized ads on
               | Facebook to promote his own thing and that there was a
               | more elaborate decay in the relationship between the
               | founders:
               | 
               | https://www.businessinsider.com/facebook-movie-
               | zuckerberg-im...
        
             | andi999 wrote:
             | Couldn't the small penis be considered part of the slander?
        
             | _jal wrote:
             | Money and connections open other options for applying
             | pressure. For instance, see the alleged behavior of Harvey
             | Weinstein towards Rose McGowan involving spooks for hire.
             | 
             | (I'm not talking about Damon at all here, I don't know much
             | of anything about him. Just pointing out that lawsuits are
             | far from the only tools available to those with means.)
        
               | Jenk wrote:
               | And yet Zuck, a billionaire, _didn't_ do anything like
               | that.
        
               | kelnos wrote:
               | It's possible that he wanted to, but was advised that
               | making a big deal about it would only draw more attention
               | and make things worse.
        
               | prepend wrote:
               | So I guess he didn't have enough money and power to open
               | the right doors?
               | 
               | Or perhaps it's really hard to win a defamation case
               | against works of fiction. No matter how much money and
               | power you have.
        
               | Nursie wrote:
               | It perhaps it doesn't matter and ignoring it is the best
               | course of action?
        
               | kelnos wrote:
               | Even if you win the case, you've still drawn a lot of
               | extra unwanted attention to it.
        
               | kbenson wrote:
               | Zuckerberg is, and was, especially after the movie came
               | out, _much_ more famous than Weinstein, and the
               | portrayals in question are different. One is
               | unflattering, the other is attempting to cover a felony.
               | 
               | When there's an unflattering depiction out there of you,
               | bringing more attention to it might be counterproductive,
               | depending on how bad it is.
               | 
               | If you're worried about _going to prison_ , all of a
               | sudden how unflattering you're seen likely becomes
               | secondary to that.
        
           | etothepii wrote:
           | I'd contribute to the Kickstarter.
        
         | [deleted]
        
         | mmarq wrote:
         | While Amanda Knox is not guilty of Meredith Kercher's murder,
         | she is guilty of accusing a random guy of being the murderer. I
         | think she was sentenced to 2-3 years for this false accusation.
        
           | oh_sigh wrote:
           | You're talking about the one where the European Court of
           | Human Rights condemned Italy for not giving her a fair trial?
           | 
           | https://www.reuters.com/article/us-italy-knox-
           | court/european...
        
             | mmarq wrote:
             | I didn't know about that, but it doesn't surprise me, given
             | the shit show Italian courts are.
             | 
             | Thank you
        
         | stjohnswarts wrote:
         | They really would have done her service if they would have just
         | left her name out entirely and just said "the movie stands on
         | its own merit". They could have handled this so much better if
         | they would have just talked to her from the start rather than
         | near completion/release of the movie. Particularly in promoting
         | it.
        
           | rchaud wrote:
           | They could if it was an indie movie. If Matt Damon's
           | starring, that's an 8-figure sum that's got to be made back
           | somehow. Marketing costs for movies today are as much as the
           | film budget itself.
        
             | ksec wrote:
             | >Marketing costs for movies today are as much as the film
             | budget itself.
             | 
             | I think I will have to fact check on this when I have time.
             | Seems to be off to me as the numbers and scale dont make
             | much sense.
        
         | f38zf5vdt wrote:
         | "Capitalism" and "moral obligation" are probably mutually
         | exclusive, e.g. Milton Friedman's "The Social Responsibility of
         | Business is to Increase its Profits". [1] Friedman would argue
         | that the movie maker has a social responsibility to its
         | employees and shareholders, and that bending truth to meet
         | these obligations would be its moral imperative.
         | 
         | https://www.nytimes.com/1970/09/13/archives/a-friedman-doctr...
         | 
         | edit: To downvoters, I'm not agreeing with the perspective,
         | just saying that there is one.
        
           | robertlagrant wrote:
           | What's the alternative? Giving the responsibility of resource
           | allocation to the state? Aren't they the ones who locked her
           | up, which is the overwhelmingly huge original problem?
           | 
           | The state locked someone up who it knew was innocent, and
           | years later a business badly misrepresented that person's
           | story. Damn it, capitalism!
        
             | f38zf5vdt wrote:
             | Well, if the state recognized the crime of the state and
             | prohibited the film from being created... then that seems
             | like a good alternative?
        
           | saghm wrote:
           | There are plenty of ways to make money that don't involve
           | screwing over innocent people. Maybe I'm a bleeding heart
           | socialist, but I think the moral imperative to blue ruin
           | someone's life trumps the one to make a few more dollars.
        
             | saghm wrote:
             | Too late to edit, but "blue" was a phone autocorrection of
             | "not"
        
             | tonystubblebine wrote:
             | Matt Damon especially has plenty of options to make money.
             | I can't believe this was even the most lucrative script in
             | his inbox when he accepted it.
        
           | [deleted]
        
           | 6gvONxR4sf7o wrote:
           | > Capitalism" and "moral obligation" are probably mutually
           | exclusive
           | 
           | How else are we supposed to read this than something you are
           | making the case for when you so directly say they are
           | probably mutually exclusive?
        
             | f38zf5vdt wrote:
             | I was referring to the "moral obligation" not to take
             | someone's story and make it a different story for the sake
             | of a profit, which the original poster was referring to as
             | a "moral obligation". An alternative perspective is the
             | "moral obligation" to ones employees and shareholders. What
             | is a "moral obligation" is a matter of perspective.
             | 
             | I try to avoid a lot of documentaries and "historical"
             | films because of these conflicting sentiments. Going into
             | seeing a film, you know that profit, in most cases, is the
             | end goal.
        
             | Y_Y wrote:
             | I agree that they're mutually exclusive. It's not
             | necessarily a good thing. I think pretty much all
             | capitalists, as people, have some sense of moral
             | obligation. That's not to say that the two concepts
             | necessarily overlap, or that the world wouldn't be a better
             | place if they were somehow forced to. I think it isn't
             | controversial, as a matter of philosophy, to say that
             | capitalism (as distinct from its observed consequences) is
             | not connected to morality one way or another, any more than
             | bubblesort has a moral value.
        
               | dnautics wrote:
               | your statement is contradictory. Two things cannot be
               | "mutually exclusive" and "not connected". If they are
               | mutually exclusive, then there must be communication
               | between the concepts to coordinate the exclusion, the
               | connection suggested by the word "mutually".
        
               | f38zf5vdt wrote:
               | Aye, perhaps using the word "capitalism" set people off.
               | In capitalist terms the demand for the product by
               | consumers justifies the corporation creating the product
               | for them. It might not be "right" or "wrong", but in this
               | case, it does seem like people are on the side of it
               | being morally unjustified despite the profit incentive.
               | 
               | I guess our capitalist "vote" is simply not paying to see
               | this film.
        
           | mikem170 wrote:
           | Companies are given a charter to operate and limited
           | liability by the government, in return for performing a
           | public good. At least that was how the idea of corporations
           | came into being.
           | 
           | Capitalism is an economic system, not a system of government.
           | Theoretically we can change the any of the rules corporations
           | operate under through our government, if people cared enough
           | and/or weren't so distracted with other things. Other
           | governments hold companies in their jurisdictions to
           | different standards, like the Chinese, various European
           | countries, Cambodia, etc. All different.
           | 
           | The fact that our culture values money more than many other
           | things, and that we allow corporations and their rich owners
           | to fund politicians has got us to where we are now. The
           | establishment is always resistant to change.
        
           | dnautics wrote:
           | they're not mututally exclusive, they're orthogonal. If
           | people want moral goods, capitalism will (imperfectly) skew
           | towards providing them. If the people want trash, capitalism
           | will (imperfectly) skew towards providing trash.
        
             | stjohnswarts wrote:
             | You are correct. They can definitely have an intersection.
             | Some companies actually do some good in the world AND make
             | profits. They don't have to be "mutually exclusive"
        
               | treeman79 wrote:
               | The primary good of capitalism is having such huge
               | efficiencies of resources and manufacturing.
               | 
               | That we have to keep redefining poor people such that
               | they can have air conditioning, car, housing, fridge, be
               | fat as hell, and still be defined as poor.
        
               | stjohnswarts wrote:
               | Not all of us buy into the claims capitalism can do no
               | wrong and should be turned upon the world with no limits
               | that some libertarians seem to have. You will never hear
               | me say capitalism is in essence a bad thing, but like
               | most concepts it has to have limits. Otherwise you get
               | fascism, J.P. Morgan, Epstein, etc.
        
           | moron4hire wrote:
           | I disagree that the concept that "Capitalism and moral
           | obligation are mutually exclusive" is a valid concept to even
           | consider. They are certainly orthogonal, but do not exclude
           | each other.
           | 
           | Capitalism isn't a philosophy for living life, or if it can
           | be considered as such, it's definitely not a complete one. In
           | contrast, Communism is a philosophy for life, as it extends
           | beyond the economic sphere and into the political and social.
           | 
           | How you organize work and trade is not the complete picture.
           | The continued assertions that "Capitalism is immoral" as a
           | valid viewpoint, versus just being ammoral, are part of why
           | both corporations have been allowed to run amock and why
           | dangerous philsophies like Communism have been on the rise
           | again.
        
           | tacitusarc wrote:
           | Given that capitalism is underpinned by the right to own
           | property, it would seem the more accurate argument is that
           | this particular immorality stems from an imperfect
           | capitalism, that is: one with incomplete property rights. It
           | is not at all obvious to me that capitalism and morality are
           | in someway orthogonal let alone mutually exclusive.
        
           | amadeuspagel wrote:
           | > That responsibility is to conduct the business in
           | accordance with their desires, which generally will be to
           | make as much money as possible while conforming to the basic
           | rules of the society, both those embodied in law _and those
           | embodied in ethical custom_.
           | 
           | Emphasis mine. Surely it's against ethical custom to "bend
           | the truth", to destroy someone's reputation, framing them as
           | somehow involved in a murder.
        
       | duxup wrote:
       | I had similar questions when it came to the film Sully.
       | https://en.wikipedia.org/wiki/Sully_(film)
       | 
       | In that film they portray the NTSB investigators as trying to
       | paint the pilot in a bad light during the investigation.
       | According to the folks involved in the investigation, including
       | the pilot, this never happened.
       | 
       | These are real people, they don't have the reach or voice of a
       | movie, what happens when someone decides to portray them
       | unfairly?
       | 
       | Legally I don't think there's anything to be done, there would be
       | too many bizarre second order effects if you simply couldn't
       | portray someone without their permission. At the same time it
       | seems morally questionable to not involve them, specifically if
       | their voice is so much smaller than the medium.
        
         | georgeecollins wrote:
         | There is a Richard III society, dedicated to rehabilitating the
         | king after his unfortunate portrayal by Shakespeare.
        
           | throwaway81523 wrote:
           | Antonio Salieri should also get one of those. He was a pretty
           | good composer in the scheme of things, and there is no
           | evidence that he ever had anything against Mozart, much less
           | did anything bad to him.
        
           | bravo22 wrote:
           | I don't know if this is true but I really want it to be.
        
             | [deleted]
        
             | jfk13 wrote:
             | http://www.richardiii.net
        
         | ghaff wrote:
         | Pretty much every film based on real people and events takes
         | liberties in service of narrative flow and drama. Sometimes one
         | or more of the original parties are involved. Often they're
         | not.
        
           | cwkoss wrote:
           | I can't stand historical dramas, because I feel like watching
           | them is likely to make me less informed about the events they
           | attempt to portray.
           | 
           | "Artistic license" in historical dramas feels very Orwellian
           | to me.
        
           | makeitdouble wrote:
           | Except they almost never "punch up".
           | 
           | You don't have blockbusters fictionalizing "the Trump saga"
           | where he sells state secrets to Putin. Or Ruppert Murdock
           | "Godfather" style fictional drama. Perhaps once they're long
           | dead, but surely not before.
           | 
           | It's the Amanda Knox of the world that get the "let's milk
           | this while it's fresh" treatment.
        
             | nonameiguess wrote:
             | You're not aware of Succession?
        
               | cwkoss wrote:
               | Is Succession supposed to be based on a true story?
        
             | kevinmchugh wrote:
             | Citizen Kane
        
               | Igelau wrote:
               | Like GP said: "almost never"
        
               | makeitdouble wrote:
               | It craftly avoids naming the media barrons though. I
               | completely understand why, but it should be noted.
        
           | assface wrote:
           | > Pretty much every film based on real people and events
           | takes liberties in service of narrative flow and drama.
           | 
           | Blood on the Blackboard: The Bart Simpson Story
           | 
           | https://youtu.be/02-U9fHefPI
        
           | input_sh wrote:
           | It's one thing to take some liberties to draw the plot
           | forward (like Alan Turing's brother "dying on a ship" in The
           | Imitation Game), it's a whole other thing to portray someone
           | that's alive and young as (at least partially) responsible
           | for a crime they were fully acquitted of.
           | 
           | I'd say that's more of a conspiracy theory realm than
           | artistic liberties realm.
        
             | neaden wrote:
             | Well the Imitation Game also erased the work of Polish
             | codebreakers, falsely made it so Turing knew Cairncross was
             | a Soviet spy when in real life they probably never even
             | met, and made Denniston into a villain who wanted to
             | destroy Turing's life work when in real life they had a
             | good relationship, made Turing seem like he had Autism, and
             | made up a plot about Clarke getting recruited by being good
             | at crossword puzzles when in reality she got the job from
             | by having excellent references. So I would say there is
             | plenty to criticize at how it misrepresented people.
        
         | dylan604 wrote:
         | >this never happened.
         | 
         | This is just Hollywood trying to add drama for the sake of
         | making the story more "interesting". Little thought is given to
         | potential collateral damage to truth. All protected under the
         | umbrella comment "based on true events".
        
         | kortilla wrote:
         | At least that's just entertainment. Journalism frequently
         | mischaracterizes people and events just to paint a narrative.
        
           | ghaff wrote:
           | Well, and facts aren't always known with certainty (as in
           | this case) and their interpretation will vary based on who's
           | interpreting.
        
           | magicalhippo wrote:
           | Fortunately I learned this rather early, as in 6th grade some
           | journalist came to our classroom to interview our teacher and
           | us for some story.
           | 
           | I sat close enough to hear our teacher being interviewed, so
           | it came as a shock when I later read the newspaper and saw my
           | teacher being quoted as having said the exact opposite of
           | what she actually said. And this was in one of the top three
           | newspapers in our country.
        
             | andi999 wrote:
             | Probably because of this behavior it was in the top three.
        
           | duxup wrote:
           | >At least that's just entertainment
           | 
           | I'm not convinced people see it that way, and as far as the
           | director, he seemed to think his 'entertainment' was in fact
           | accurate, or at least said so / was incentivized to do so.
           | 
           | Meanwhile the people who are depicted, you likely wont ever
           | hear from.
        
           | BitwiseFool wrote:
           | I'd argue that entertainment is much more likely to leave a
           | lasting impression on people. Storytelling is far more
           | effective at making people remember something than a well
           | written article. If you were to quiz people about the life of
           | Alexander Hamilton I suspect most people would give answers
           | congruent to the musical and not what actually happened in
           | the history books.
        
       | [deleted]
        
       | gist wrote:
       | Terrible what happened to her but truth is she is a public figure
       | and has not avoided the limelight either. (Not that that matters
       | with my argument but will mention). She is fair game for any
       | creative pursuit (song, movie, book, news article, blog post) and
       | nobody owes her any courtesy to reach out they can if they want.
       | 
       | Imagine if you wrote randomly to Amanda Knox vs. some other non
       | well known person. Generally you would not expect to get a reply
       | from Amanda (who probably has all sorts or randos and non randos
       | (ie random person) reaching out) but a well written letter to a
       | non famous (or notorious) person you'd probably get a reply.
       | 
       | Nobody owes her anything just like she is not obligated to anyone
       | as similar to the rest of us. She doesn't get any special
       | courtesy because of what happened to her just another regular
       | person at this point.
       | 
       | This reminds me of how a good looking man or women often is. They
       | reject people all the time but when they get rejected they get
       | all indignant that they were not treated with respect.
        
       | villgax wrote:
       | Good luck Mikrowe
        
       | sharikous wrote:
       | Oh please, she was an accused murderer. There was no sure proof
       | she did it, nor that she was innocent, so she was cleared.
       | Notably she lied in court several times.
       | 
       | She benefitted from the media attention to make money for herself
       | and she is now publishing an essay she was not asked to do in
       | which she tries to make many moral "who is the victim" points (of
       | course claiming she is the victim).
       | 
       | You could argue she should have been granted anonymity but I
       | cannot see her as a helpless victim.
        
         | dkersten wrote:
         | > There was no sure proof she did it
         | 
         | Exactly. And yet she was treated as one by the media and
         | justice system. She even spent time in prison for it. Even
         | though there was no proof she did it.
         | 
         | > nor that she was innocent
         | 
         | There's no proof that you're innocent either, maybe you did it
         | and should spend a few years in prison until later acquitted?
         | Absence of proof of innocence does NOT imply guilt.
         | 
         | > of course claiming she is the victim
         | 
         | She was a victim. Not the same as the murder victim, but she
         | got her reputation ruined, had her family go into debt trying
         | to pay legal fees and SPENT YEARS IN PRISON. For something that
         | there was no evidence she did, was evidence someone else did
         | (who by the way got less time than she got, before she was
         | acquitted), and for which she was eventually found innocent of
         | and acquitted for.
         | 
         | Maybe develop some empathy.
        
         | danso wrote:
         | > _Oh please, she was an accused murderer. There was no sure
         | proof she did it, nor that she was innocent, so she was
         | cleared_
         | 
         | From the Economist:
         | 
         | https://www.economist.com/europe/2015/03/28/innocente
         | 
         | > _The Court of Cassation in Rome found Ms Knox and Mr
         | Sollecito not guilty on the grounds that they had "not
         | committed the act". Italian law recognises different levels of
         | acquittal; this is the most categorical._
        
         | Twixes wrote:
         | She was accused of murder, but in the end explicitly cleared by
         | the Supreme Court as innocent.
        
         | duxup wrote:
         | >she is now publishing an essay she was not asked to do in
         | which she tries to make many moral "who is the victim" points
         | (of course claiming she is the victim)
         | 
         | So? Is that a bad thing?
        
           | stjohnswarts wrote:
           | I think some people believe you shouldn't fight back when
           | you're tried and convicted in the court of public opinion
           | even if you are proven innocent in actual court. That you
           | should just roll over and die so their suppositions aren't
           | challenged. It reflects and extremely weak stance and lack of
           | confidence in your own take on the situation.
        
       | [deleted]
        
       | [deleted]
        
       | jeezzbo wrote:
       | A recursive signatory deriving root ID Rights + data use under
       | control of people directly fixes this.. a process that repeats is
       | a requirement to prevent second-class process from deriving
       | system outcomes no longer produced "of, by, for" people,
       | Individuals All, as root dependency of accurate governance in a
       | civil Society. Recursive Signatory:
       | https://www.moxytongue.com/2021/07/recursive-signatory.html
        
         | ekster wrote:
         | This reads like some kind of Sovereign Citizen / Time Cube
         | babble.
        
           | jeezzbo wrote:
           | Then you didn't read, and/or don't understand recursive
           | idea.. a process that repeats. CS didn't come into existence
           | until 1950's, so lack of process integrity for digital
           | ID/Data Rights shouldn't be surprising, but structure yields
           | results, not literature. Might want to get out of mass media
           | rags too.. "Sovereign Citizen" is anarchistic, this is about
           | structural integrity of a civil Society using accurate
           | administrative precedence. Functional literacy required..
           | research "Self-Sovereign Identity" for more..
        
             | ekster wrote:
             | Yes I live in the EU where we have SSI, I was more
             | referring to all the magical and fuzzy thinking surrounding
             | it on that page.
        
               | jeezzbo wrote:
               | Ah, EU.. SSI is American concept.. recursive signatory is
               | too, represents data structure "of, by, for" people.
               | Foreign concepts in EU don't quite translate same in that
               | admin context. Regardless EU efforts remain in tact, as
               | Human Rights don't come from database.. thus EU chasing
               | SSI accuracy.
        
               | ekster wrote:
               | Mmkay
        
               | jeezzbo wrote:
               | Also, no "we" in SSI.. only people, Individuals all. "We"
               | is a literary concept that doesn't exist in nature,
               | regardless of legal abstractions, lazy thinking, and data
               | aggregation. I realize EU brains struggle with that.
        
       | mcguire wrote:
       | Note, from Deadline (): " _UPDATE 7 /30/21: To Clarify Legal
       | Status Of Amanda Knox. The 2007 case of Amanda Knox, the American
       | convicted in an Italian court of murdering her roommate (after
       | being convicted and spending four years in jail Knox was
       | acquitted and freed in 2011. She was later definitively
       | exonerated by the Italian Supreme Court Of Cassation in March
       | 2015), was the impetus for writer-director Tom McCarthy's
       | Stillwater, but in the 10 years since beginning, abandoning and
       | starting over, it has evolved into something much more - and much
       | better._"
       | 
       | I find it interesting that they mentioned she was convicted twice
       | in a paragraph about her legal status, with the acquitted and
       | exonerated part relegated to a parenthetical. _And_ to have a
       | plug for the movie.
        
       | Wowfunhappy wrote:
       | I wasn't familiar with this movie until now. How much does
       | official marketing material mention Amanda Knox? From a quick
       | look up, she doesn't appear to be in the official synopsis on
       | e.g. Rotten Tomatoes.
       | 
       | Because, hypothetical thought experiment here:
       | 
       | ---
       | 
       | Let's say Tom McCarthy had the idea for a screenplay while
       | watching the Amanda Knox trial. He doesn't know, at that point,
       | whether she is guilty or innocent, and it really doesn't matter--
       | the case is just inspiration for a fictional story, which can
       | play out however the author wishes.
       | 
       | So he makes that movie, and it's in production, and one day in an
       | interview a reporter asks "Where did you get the idea for this
       | movie?" Maybe they even ask "This story seems kind of similar to
       | the Amanda Knox case, was that an inspiration?"
       | 
       | At this point, does Tom McCarthy need to lie, or decline to
       | answer? Should he not be allowed to share his creative process
       | with the world?
       | 
       | Or, perhaps he just never should have made the movie in the first
       | place... but that seems wrong, doesn't it? Creatives get
       | inspiration from all sorts of odd places, and I don't want to
       | limit them!
       | 
       | ---
       | 
       | Again, I have no idea if the real situation played out like this
       | at all, and in fact, I'm just going to guess that it was far more
       | egregious. But it's what I was thinking about when reading this
       | piece.
        
         | aaron695 wrote:
         | Matt Damon kinda panics when asked (3:00 mark) -
         | https://twitter.com/TODAYshow/status/1392101154650271749
         | 
         | So there is a lot in what you are saying.
         | 
         | They have not shut the idea down though, because they know it
         | means a lot of money. Just like the people asking know it means
         | money for their ratings.
         | 
         | Amanda Knox has made them a lot of money with this article
         | which has blown it up more.
         | 
         | She has also gotten her blog out and now I'm listening to her
         | podcast. It's her only way to profit on all this.
         | 
         | The movie maker is not in wrong. The movie is about a violent
         | Dad as far as I can see. It's the media who's been here the
         | whole time.
        
         | dml2135 wrote:
         | > Or, perhaps he just never should have made the movie in the
         | first place... but that seems wrong, doesn't it? Creatives get
         | inspiration from all sorts of odd places, and I don't want to
         | limit them!
         | 
         | I thing the point of this article is no, that's not wrong. The
         | story was clearly based on Amanda Knox, and making this movie
         | perpetuates the harm that has been done to her. This isn't an
         | exercise of creative freedom, it's an exploitive cash grab.
        
           | Wowfunhappy wrote:
           | But it's hard to _not_ get inspiration from the real world,
           | isn 't it? How much would the writers have to change before
           | the movie was no longer about Amanda Knox? Would it be
           | sufficient to change her gender? What if it took place in the
           | nineteenth century, or in a Game of Thrones-esque fantasy
           | universe? Or would it all be for naught as soon as a reporter
           | asked the right interview question?
        
             | ghaff wrote:
             | One of the most successful franchises on TV, "Law and
             | Order," at least used to frequently advertise episodes as
             | "ripped from the headlines."
        
         | dkersten wrote:
         | The article explains this, that Tom McCarthy mentioned her in a
         | Vanity Fair promotional interview. Nobody said they put it on
         | posters or anything.
        
           | Wowfunhappy wrote:
           | But was that the first time Amanda Knox's name had been
           | mentioned in connection with this movie? I guess what I'm
           | wondering is, how did we get to the point where she was
           | mentioned in seemingly every critical review of the film? Is
           | Amanda Knox's name really _that_ powerful?
        
       | mindcrime wrote:
       | This reminds me of the situation with Takedown / Track Down[1].
       | That movie was riddled with factual inaccuracies, especially ones
       | slanted towards making Kevin Mitnick look bad and ones meant to
       | glorify Tsutomu Shimomura. As I recall, there was a scene that
       | featured a chase through the streets of Seattle between the two
       | men, it may have even featured a physical tussle between them,
       | but my memory is a bit fuzzy now. Anyway, in reality, at the
       | point in time depicted there, the two had never even met, much
       | less participated in a foot chase / scuffle on the streets of
       | Seattle.
       | 
       | I think Mitnick ultimately sued and got a settlement of some
       | sort, FWIW.
       | 
       | [1]: https://en.wikipedia.org/wiki/Track_Down
        
       | kortilla wrote:
       | > The New York Times did in profiling Matt Damon, "the sordid
       | Amanda Knox saga." Sordid: morally vile. Not a great adjective to
       | have placed next to your name. Repeat something often enough, and
       | people believe it.
       | 
       | This is pretty stupid. When you read, "sordid Jewish genocide" do
       | you think "sordid" is describing "Jewish"?
       | 
       | There is quite a bit of bullshit in the article about power
       | imbalances that isn't coherent either. Both her and the murder
       | victim had no power yet she is fine with putting the murder
       | victim's name up for an alternate headline.
       | 
       | There may have been a point in there somewhere, but it got buried
       | by a cheap attempt to ride the #metoo zeitgeist.
        
         | PavleMiha wrote:
         | I don't think anyone has, or would ever, use the expression you
         | created, but the article describes why this bothers her: "Not a
         | great adjective to have placed next to your name. Repeat
         | something often enough, and people believe it."
         | 
         | I for one wouldn't like something to be described as "the
         | sordid <my name> saga" if I was innocent.
        
           | kortilla wrote:
           | http://www.albionmonitor.com/0403a/copyright/rs-
           | bush911scam....
           | 
           | What do you think Sordid describes in that title? If you
           | thought "9/11", you thought wrong.
           | 
           | Let's try this a different way. If you read "the unjust
           | Amanda Knox scandal", would you think Amanda Knox is unjust?
        
         | rideontime wrote:
         | > This is pretty stupid. When you read, "sordid Jewish
         | genocide" do you think "sordid" is describing "Jewish"?
         | 
         | Of course not, it should read "sordid Israeli genocide." Or are
         | you saying it should be "sordid Palestinian genocide"?
        
           | hnthrowaway8493 wrote:
           | Wow. Phrase above was almost certainly talking about the
           | Holocaust.
        
             | rideontime wrote:
             | Oh? Without any context to suggest that, I guess my mind
             | went to the currently ongoing genocide instead.
        
       | Supermancho wrote:
       | This is so poorly written, I'm not even sure what it's trying to
       | communicate. This seems to be a bunch of ideas, events, and
       | themes thrown together to try and elucidate some sort of response
       | regarding a travesty of justice and a movie. I fail to see how
       | this is worth reading, by anyone.
        
       | kortilla wrote:
       | Note that she is mad she is not making money from the movie, not
       | that her name is associated with the event:
       | https://twitter.com/amandaknox/status/1418628570453200897
        
         | mkl wrote:
         | I see no indication of what you're claiming in that tweet or
         | her replies to it.
        
       | renewiltord wrote:
       | Made me go look up the tale. I recall part of why the whole thing
       | looked weird was that she said that the owner of the bar where
       | she worked was there when the body was discovered.
       | 
       | That dude, Patrick Lumumba, lost his bar and eventually moved to
       | Poland. He was unhappy about the whole thing since he was only
       | her employer.
       | 
       | She got 3 years for slandering him but says she was pressured
       | into it.
       | 
       | Bloody hell. That's a warning to not talk during an
       | investigation. Looks like they were going to pin something on
       | her.
        
         | himinlomax wrote:
         | > That's a warning to not talk during an investigation
         | 
         | That's assuming the authorities respect your right to do so.
         | It's not even that clear cut a right in England for example, in
         | that there are cases where not talking to the police can be
         | held against you. Also while the right to an attorney and
         | against self-incrimination is enshrined in the European
         | declaration of Human Rights and enforced by the ECHR, it took
         | dozens of that court's decisions for France to start
         | implementing it in earnest. I don't know about the situation in
         | Italy in that respect but their justice system is usually a
         | fucking mess, like their bridges.
        
           | renewiltord wrote:
           | Yeah, I believe it. I don't trust any results from them. It's
           | not all Inspector Montalbano there.
        
       | rootusrootus wrote:
       | It's interesting to me how the truth got lost, and how
       | uninterested people are in the aftermath. The real killer ended
       | up with a sentence almost half the length of what Amanda Knox
       | got. And he is already out of prison. Italy's justice system is
       | very different from the US's, for better or worse.
        
         | soheil wrote:
         | > Italy's justice system is very different from the US's, for
         | better or worse.
         | 
         | You clearly mean worse based on your previous sentence. Mind
         | shedding some light on those "differences" for the uninitiated?
        
           | rootusrootus wrote:
           | I do not mean worse. I mean different, with 'better' and
           | 'worse' being subjective. Rudy Guede is 34 years old, out of
           | prison with decades more life to look forward to. After
           | cutting short the life of Meredith Kercher at 21, some people
           | would argue that he should pay with more of his own life,
           | maybe all of it. In the US, obviously, there's a good chance
           | he'd never get out of prison.
        
       | throwamanda wrote:
       | This instantly reminded me of OJ Simpson's trials and acquittal.
       | What makes this so believable, at least here on HN? Because she's
       | a young beautiful woman and not a scary black man? I hope people
       | here , which is one of the more rational communities out there,
       | would stop applying double standards. Maybe she is an eloquent
       | writer, but why should rhetoric (or looks) be the determining
       | factor when it comes to public empathy? #metoo and
       | #blacklivesmatter both happened but I'm yet to see black people
       | being judged less harshly and trusted by the public.
        
         | kortilla wrote:
         | Perhaps because she didn't lose a civil case on the same manner
         | and they actually caught the real killer? OJ probably would
         | have gotten more sympathy if there was some kind of viable
         | alternative story.
        
         | Atreiden wrote:
         | Is this comment in good faith, or are you needlessly playing
         | Devil's Advocate?
         | 
         | There are very few similarities in their cases other than the
         | fact that they were both tried for Murder.
         | 
         | - OJ was never convicted, he was acquitted outright. Amanda
         | Knox was convicted. And only acquitted after appeals 4 years
         | later.
         | 
         | - OJ did not get charged in a foreign country, in which local
         | police and courts failed to provide due process. In fact, he
         | received arguably the best legal defense in the country.
         | 
         | - OJ released a book afterwards - "if I DID IT: Confessions of
         | the Killer" describing the murder in great detail. I mean,
         | you've seen the book cover, right?
         | https://upload.wikimedia.org/wikipedia/en/thumb/4/4f/If_I_di...
         | 
         | I'm really stumped by this comment. OJ got off, and essentially
         | bragged about it. How is there any similarity here?
         | 
         | > why should rhetoric (or looks) be the determining factor when
         | it comes to public empathy? #metoo and #blacklivesmatter both
         | happened but I'm yet to see black people being judged less
         | harshly and trusted by the public.
         | 
         | I think you're massively conflating these two topics. There's a
         | real discussion to be had on race dynamics and conflict in
         | relation to public sentiment, but it's a real stretch to say
         | that's at play here unless you have a better example than OJ.
        
           | deanCommie wrote:
           | One nuanced clarification: OJ didn't pick the title of the
           | book. His murdered wife's family sued him claiming that the
           | outcome of the civil lawsuit he previously lost prevents him
           | from profiting from the case, won, and took over release of
           | the book.
           | 
           | They get all the profits of the book, and crucially they
           | chose the book cover and the font selection.
           | 
           | OJ as far as I know never bragged about getting away with
           | murder, though I will grant the book concept is incredibly
           | poor taste even if he was innocent.
        
       | ineptech wrote:
       | Fascinating article. I thought she was exaggerating when she
       | complained about people accusing her of being a media whore,
       | until I scrolled down to the [flagged] [dead] and saw someone
       | doing just that.
       | 
       | But I don't think she has a choice. In the past, it would've been
       | possible for someone in her shoes to choose obscurity. In the
       | past, the real Amanda Knox and the idea of Amanda Knox that
       | exists in the collective unconscious of the media and media
       | consumers would've drifted apart. Now, it's hard to imagine how
       | that could happen. Even if she invented a new identity and moved
       | to a small town in Alaska (which would be a new kind of prison
       | sentence in some ways), it'd be newsworthy.
        
         | danso wrote:
         | > _I thought she was exaggerating when she complained about
         | people accusing her of being a media whore_
         | 
         | Not to pick on you, but why would you reflexively think her to
         | be exaggerating about being called a media whore? People do
         | that with literally everyone whose public complaints become a
         | news story. And what motive would Amanda Knox have in
         | particular? She was labeled an actual whore for the many years
         | when the case was still in active prosecution.
        
           | ineptech wrote:
           | It's not a boolean, it's a threshold. I'm not surprised that
           | anyone ever made that accusation, but I was surprised that it
           | was among the first few comments on HN.
        
           | kortilla wrote:
           | > She was labeled an actual whore for the many years when the
           | case was still in active prosecution.
           | 
           | Source? I remember it being on TV and don't remember
           | allegations of prostitution.
        
             | mmarq wrote:
             | She was definitely accused of being a "whore", as in a
             | woman who is not, say, as chaste as people expect her to
             | be. All Italian media informed us that Knox's motive was
             | sex, whatever that is supposed to mean, because she was a
             | maniac with a sex addiction. If I remember correctly, and I
             | may not, the prosecur made some appalling comments about
             | Knox's sexual promiscuity when interviewed for the Netflix
             | documentary.
             | 
             | Corriere della Sera, which is probably the most prestigious
             | Italian newspaper, published this: https://www.corriere.it/
             | cronache/07_novembre_25/amanda_cacci... ("Amanda just
             | wanted sex"/Former partner Elis Prenga: <<A hunter of
             | men>>./Lumumba: "She made sexual advances to customers").
             | 
             | This played into the Italian stereotype of American women,
             | which are supposedly more sexually active than they are
             | supposed to be, and so immoral but also easier to pick up
             | than local women.
        
             | x0x0 wrote:
             | I suspect @danso is just mentioning the -- breathlessly
             | repeated by the italian press -- allegations that Amanda
             | purchased condoms, had sex and -- omg -- had a _vibrator_.
        
               | danso wrote:
               | That's right, I shouldn't have used "actual" (at least I
               | didn't say "literally") -- I mean in the colloquial sense
               | of "non-married woman engaging in purportedly non-
               | traditional sexual activity"
        
         | sombremesa wrote:
         | Moving from a Western to an Eastern country or vice versa (and
         | using a pseudonym on top) is actually a pretty good way to
         | become near-anonymous, unless you're a Michael Jackson level of
         | celebrity.
         | 
         | Of course, not everyone has the background to be able to
         | smoothly pull that off.
        
           | CobrastanJorji wrote:
           | If I were in Amanda Knox's shoes, I would probably be very
           | reluctant to move to any foreign country, especially a
           | foreign country with a judicial system substantially
           | different from the US one.
        
         | ludocode wrote:
         | > But I don't think she has a choice.
         | 
         | Some countries recognize a "right to be forgotten". This is a
         | good example of where such laws can help. She doesn't currently
         | have a choice because many Western countries don't recognize
         | this right. This is something that could change.
        
           | danso wrote:
           | Huh? The "right to be forgotten", as it exists in the EU, is
           | specifically about search engine indexing. That would not
           | meaningfully affect someone who would have been an infamous
           | celebrity with or without the Internet.
           | 
           | https://en.wikipedia.org/wiki/Right_to_be_forgotten#Current_.
           | ..
        
             | mikem170 wrote:
             | I wonder if a country with different libel laws would help
             | her? For example, I've heard it's easier to sue for libel
             | in the UK than in the US.
        
         | ghaff wrote:
         | Arguably, at some point in the past, this would have been an
         | obscure story and she'd still be in an Italian jail cell.
         | 
         | I sort of disagree though that someone like her couldn't drop
         | out of the public eye if she wanted to. There are tradeoffs to
         | be sure but it seems pretty possible.
        
           | notquitehuman wrote:
           | How? Please outline in detail how she should disappear so
           | that I may share this information with the person who needs
           | it.
        
             | ghaff wrote:
             | I didn't say disappear. But if someone only middling well
             | known changes their name and appearance eg hair, moves,
             | doesn't go out of their way to call attention to themselves
             | that would put their photo online, stays off social media,
             | etc. they can almost certainly mostly fly under the radar.
             | 
             | 10 years later most people have forgotten about Amanda Knox
             | and what she looks like. And if someone goes "Are you
             | Amanda Knox?" you laugh and say you get that a lot.
             | 
             | Again, this isn't disappearing from say law enforcement.
             | But it's avoiding authors, reporters, "fans" of the case,
             | from reaching out.
        
             | toast0 wrote:
             | For a US citizen, the process would be roughly
             | 
             | 0) choose a new name with a common first name and a common
             | last name in a combination with many existing people, but
             | preferably no particularly notable celebrities. If your
             | first name is already common, great. Start using that name
             | in situations where you don't need to prove identity (this
             | establishes a common law name change)
             | 
             | a) research name change laws in the 50 states and the
             | territories to determine which states don't require
             | publication or allow for a confidential name change in the
             | relevant circumstances.
             | 
             | b) reside in a state chosen from that list for at least the
             | minimum time
             | 
             | c) go through the procedure to change your legal name to
             | your (new) common law name
             | 
             | d) establish a residency somewhere else
             | 
             | e) open new bank etc accounts in your new legal name and
             | close out old ones
             | 
             | f) if your old name comes up again, say "yeah, people
             | always asked me if I was the famous X, and I didn't want to
             | deal with it"
             | 
             | Maybe cultivate a new style as well.
        
       | podric wrote:
       | Should there be a way to trademark your own name in order to
       | prevent its misuse in creative works? That way, film studios
       | should have to pay a licensing fee to have your name anywhere in
       | the film or its marketing material.
       | 
       | It's strange to think that fictional characters often have more
       | protection and control over the use of their name than real
       | people.
        
         | stjohnswarts wrote:
         | This can't happen. An option like that would conflict directly
         | with freedom of speech and freedom of the press. As much as I
         | hate what happens to people like her, there are far more cases
         | like Donald Trump or Vladimir Putin that need to be put under
         | the spotlight. Don't get me wrong, I hate what happens to
         | people like here that get caught in the crosshairs. This
         | director and company making the movie should be ashamed of
         | themselves for either not dissociating themselves from her
         | story or at the very least working with her and reaching some
         | understanding where they have respect for her story. A lot of
         | people know she was innocent but I would say the majority don't
         | and only followed the story in the beginning.
        
         | Frost1x wrote:
         | We probably just need to fix loopholes in slander and libel
         | laws and give common people more power to enforce them without
         | making it a huge financial risk. People realized many many
         | years ago how people's names come be abused and drug through
         | the mud and created a recourse for it.
         | 
         | Changing someone's name just a bit or creating fictional
         | characters you can copyright that everyone knows is a
         | substitution or can find the substitution if they're interested
         | in linking the fictional depiction to the real depiction is
         | just a loophole around slander and libel, which the author
         | points out with Damien Matthews or whatever in the example.
         | Completely legal and now you have artistic freedom to reshape
         | the story however you want. The person with the most resources
         | to fight legally typically wind here.
         | 
         | Throwing some disclaimer line in like "this is no based on
         | actual people or events" or whatever seems to give far too much
         | of a liability waiver. It's really just plain wrong and the
         | author makes a great point about naming an event and agency.
         | Branding is very powerful and can create subconscious links
         | that otherwise shouldn't exist. Naming is a bit tricky though
         | because you often pick an easy memorable name to associate with
         | something. Naming sort of act like a hash map with collision
         | handling in my brain.
         | 
         | When I see Bill Clinton's name or "Clinton" a whole slew of
         | thoughts and memories link to that name or phrase and it can be
         | difficult to determine what someone says. When you say Monica
         | Lewenski's name on the other hand, she acts as a memorable
         | unique identifier to the event, unfairly to her. I know exactly
         | what you're talking about and I know about Bill, power
         | differentials at play, and so on but the name needs to be
         | unique and memorable in language. As the author points out,
         | this naming convenience comes at a cost to those who might get
         | improper associations for responsibility, so it's complicated.
         | I think we should strive for branding that leaves out names
         | where possible. Watergate seems like a great branding job, I
         | immediately know it's Nixon and it doesn't dissolve him of any
         | responsibility. Should the facts change and I read about
         | Watergate later, say it was Deepthroat actually responsible
         | somehow, the name Watergate name still exists and associations
         | of responsibility in the future can change. Abstract your
         | branding to avoid finger pointing.
        
           | mikem170 wrote:
           | The libel and slander laws in the U.K. different than in the
           | U.S. [0]:
           | 
           | > "English laws are much more favorable for someone looking
           | to protect their reputation," says Jenny Afia, a lawyer in
           | London who often represents people making libel and privacy
           | claims.
           | 
           | > In American courts, the burden of proof rests with the
           | person who brings a claim of libel. In British courts, the
           | author or journalist has the burden of proof, and typically
           | loses.
           | 
           | > "So you've got the rich and powerful shutting down and
           | chilling speech which is critical of them," says Stephens.
           | 
           | [0] https://www.npr.org/sections/parallels/2015/03/21/3942739
           | 02/...
        
         | briffle wrote:
         | That would quickly be abused to silence critics as well.
         | Imagine if Brock Turner trademarked his name, and went after
         | anyone discussing his story.
         | 
         | Not to mention, your name is not unique. I know of at least 2
         | other people in the US with the same first and last name as me.
        
           | rootusrootus wrote:
           | > Imagine if Brock Turner trademarked his name
           | 
           | That's a separate and interesting discussion itself, IMO. On
           | the one hand, how do you have sympathy for someone who does
           | what he did? On the other hand, do we not believe in
           | rehabilitation, redemption, or anything like that? It is
           | getting easier to believe that the mania over Brock Turner
           | has led to a disproportionate response. And to go against the
           | mob is to risk becoming a pariah yourself. When the mob is
           | the size of the Internet, this seems pretty scary.
        
             | wonderwonder wrote:
             | I agree with this. I have no idea if the guy was a terrible
             | person or made a terrible decision in the moment and did
             | what he did. Either way he deserved a punishment greater
             | than he received. With that said he is portrayed in the
             | media and social media as if he is the second coming of
             | Hitler. A ton of people do far worse things and are allowed
             | to continue with their lives after serving their time. If
             | people are not allowed a chance at rehabilitation (within
             | reason, I think some crimes are unforgivable, but not his)
             | then we are a lesser society.
        
             | handelaar wrote:
             | "Rehabilitation" usually comes after an appropriate
             | criminal punishment being issued and received, not before.
             | That reasonable people think that getting just twelve weeks
             | in jail for his crimes -- which he at no point admitted --
             | is an offensive undersentencing in no way justifies their
             | description as a "mob".
        
               | rootusrootus wrote:
               | That is a bit disingenuous. This isn't people thinking
               | that the justice system should have slapped him down
               | harder. This is people who drop into every thread where
               | his name comes up and insist that it should never just be
               | "Brock Turner", but rather "The Convicted Rapist Brock
               | Turner."
               | 
               | Arguably the biggest argument in support of the justice
               | system failing in this case is that it did not deter this
               | kind of vigilante attitude; that is an important part of
               | why the system exists in the first place.
        
           | hannasanarion wrote:
           | Trademarks can't be used to go after people who mention your
           | mark, only people who use it to promote their own commercial
           | endeavors (and even then, subtle mentions like "compare to X"
           | are generally ok).
           | 
           | If Brock Turner had a trademark, he could use it to block
           | Brock Turner: The Movie, but not us on this forum talking
           | about Brock Turner, convicted rapist.
        
           | roflc0ptic wrote:
           | For a laugh, I set my name as a google alert. I get stories
           | about a meteorologist, a guy who woke up and had lost 20
           | years of memory, a CEO of a sports media company, some random
           | person with the same name who works as a dog groomer friended
           | me on FB. Really not sure how trademarking that would work
           | out.
        
         | dooglius wrote:
         | I didn't get the impression the film used her name
        
           | [deleted]
        
         | madaxe_again wrote:
         | No. See:
         | 
         | https://en.m.wikipedia.org/wiki/All_persons_fictitious_discl...
        
         | sneak wrote:
         | You don't own your reputation. That's out of your hands. You
         | can not and should not be able to control what other people
         | think and say about you.
        
           | mikem170 wrote:
           | Not even if they are causing you real harm by lying?
           | 
           | Other countries don't allow as much of that as the U.S. does,
           | like the U.K. for example [0]:
           | 
           | > "English laws are much more favorable for someone looking
           | to protect their reputation," says Jenny Afia, a lawyer in
           | London who often represents people making libel and privacy
           | claims.
           | 
           | > In American courts, the burden of proof rests with the
           | person who brings a claim of libel. In British courts, the
           | author or journalist has the burden of proof, and typically
           | loses.
           | 
           | > "So you've got the rich and powerful shutting down and
           | chilling speech which is critical of them," says Stephens.
           | 
           | [0] https://www.npr.org/sections/parallels/2015/03/21/3942739
           | 02/...
        
         | jimhefferon wrote:
         | Non-sarcastic question: suppose I trademark my name and then
         | someone with my name opens an account on a web site, or a
         | resturant, or writes a script. Are they in violation? (It is
         | strange to me that, say, Twitter is a worldwide namespace. We
         | had a resturant in our East Coast US town that had to change
         | its totally-boring name because they were threatened by a West
         | Coast resturant with that name.)
        
           | kube-system wrote:
           | Trademarks are narrow in scope to a particular line of
           | business. If you trademark a restaurant named "Jim's", that
           | means other people cannot open other _restaurants_ named
           | "Jim's", but they could open any other kind of business under
           | the same name.
        
             | kortilla wrote:
             | It's even stricter than that. Getting a trademark on
             | something as simple as "Jim's" for a restaurant is near
             | impossible because there are already thousands of
             | restaurants and bars that use that name.
        
               | kube-system wrote:
               | We're saying the same thing. Just swap "you" and "other
               | people" in my comment. The law works the same for
               | everyone.
        
       | theqult wrote:
       | Thanks for your opinion fucking fuggitive bitch. Now please, take
       | a plane and come for your sentence.
        
       | octopoc wrote:
       | Can't she sue the movie producers of Stillwater? Even if the
       | movie producers didn't officially acknowledge inspiration, Vanity
       | Fair mentions it:
       | 
       | > This new film by director Tom McCarthy, starring Matt Damon, is
       | "loosely based" or "directly inspired by" the "Amanda Knox saga,"
       | as Vanity Fair put it in a for-profit article promoting a for-
       | profit film, neither of which I am affiliated with
       | 
       | There is clearly precedence for this type of lawsuit because of
       | this:
       | https://en.wikipedia.org/wiki/All_persons_fictitious_disclai...
        
         | karaterobot wrote:
         | The court case is in the public record, they don't use any real
         | names, and they made it clear that it is not meant to be her
         | story, so I would assume they are covered.
         | 
         | I also suspect Dreamworks' lawyers would have briefed the
         | director on what he could and couldn't say in an interview if
         | there was any danger of them getting sued.
        
         | stjohnswarts wrote:
         | No she can't, the story is far too different. It only touches
         | on a few major points of her story but is 90% different, it
         | would never hold up in court and she would be out court costs
         | and probably financially ruined after the trial was over.
        
         | ghaff wrote:
         | Your link explains _why_ that disclaimer is now routinely used.
        
         | gumby wrote:
         | I think she became a public figure (through no fault of her
         | own, as far as I can tell) and thus would unfortunately likely
         | not be afforded the libel protections of a private citizen.
        
           | mitchellst wrote:
           | Not a lawyer, but from my understanding of libel law, the
           | "public figure" thing isn't the problem. Merely being famous
           | (and famous for being falsely accused!) won't necessarily
           | make you a public figure for libel purposes. But there's
           | another part of the standard: a defendant must knowingly say
           | things that are substantially false. Referring to Ms. Knox as
           | a "convicted murderer" in a news article, for example, is
           | deceptive in context but it is technically correct. She was
           | convicted. And then on the movie side, it's explicitly
           | fiction, and the character does not share her name. So they
           | can claim the defense that any "false" claim is about their
           | invented character, not about her... and by the way, they
           | have lots of first amendment juice for artistic expression.
           | 
           | In the end, you're right. It's a sad story, but she doesn't
           | appear to have legal protection from libel law. The
           | filmmakers should probably be ashamed of themselves, but you
           | don't make a Matt Damon movie without a go-ahead from some
           | high-priced lawyers who know they're in the clear from a
           | liability standpoint. Though, ethics perhaps weren't
           | considered...
        
           | 6gvONxR4sf7o wrote:
           | It's horrible that you can't choose not to become a public
           | figure. You have rights which someone else can get rid of by
           | giving you enough attention.
        
             | stjohnswarts wrote:
             | It's a balance with freedom of press/speech and like most
             | things there are casualties.
        
             | rootusrootus wrote:
             | It seems like it shouldn't be so hard to solve, either.
             | Someone should not become a public figure without
             | demonstrating some kind of intent. If they are not pushing
             | a narrative, trying to influence public opinion, etc, then
             | they do not lose protection. We cannot let the defamers be
             | the ones controlling the definition.
        
             | kortilla wrote:
             | So when some CEO decides they don't want to be a public
             | figure?
        
               | ghaff wrote:
               | As I understand it, a CEO would generally be a public
               | figure within the scope of what he does as a CEO. Note,
               | though, that in the US, most of what being a public
               | figure affects is the standard for libel (NYT v.
               | Sullivan). Even if you're not a public figure, there's
               | mostly nothing preventing me from writing about you if I
               | want to and truth is pretty much a defense against libel.
        
             | [deleted]
        
         | jnwatson wrote:
         | Law and Order would have been sued out of business. The "ripped
         | from the headlines" mechanism is a tried and true method for TV
         | procedurals.
         | 
         | You might own your likeness, but you don't own your life story.
        
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