Imperfected
Member
What a spiteful little bully.
Tbh, Golden claims he has no recollection of the incident, so how would he know if he was informed of being recorded or not?
He's just digging himself deeper, I agree.These are tactics of a desperate man.
He will never get a regular job of his caliber again since employers do social media checks.
Think the exec is just trying to stall the process out making any attempt at fighting against him so expensive it no longer makes economical since to pursue damages?
I mean I kind of said it generally pertains to audio only, so...... Other than that, ultimately laws and due process have to be followed, so it may very well be wiped out. It's not exactly unprecedented.Suppose you have video footage of someone pressing a button for a nuke and blowing up Washington, D.C.
So then it's thrown out just because the state law says you can't film the supervillain without his permission?
What a piece of shit. I hope this backfires even worse.
Eh, in general that seems pretty simple. On the criminal side, the argument would be made it should be thrown out because it was illegally obtained. That usually pertains to audio, IIRC. Not video to my knowledge. Both assuming he was not otherwise made aware of the recording. It's basically falling back on wiretapping type laws if there was no expectation of privacy.
I'm not sure if there is an expectation of privacy in a public transport for hire, though. Even if a sign isn't posted. But you do notice that some cabs or public transport areas, stores, etc. post signs warning you that you are being recorded. From there, it's up to you if you "consent" to that and keep your presence there or leave.
On the civil side, due to the recording being "illegally" obtained, the release of such info has been "damaging" to the fuckface and therefore he is entitled to compensation.
Because the Uber driver made him look bad?
EDIT:
There's also that issue about recording sound without consent though.
Only if there was an expectation of privacy. It's perfectly legal, for example, for an informant to record you in your home if you invite them inside.
United States v Wahchumwah said:We are persuaded that it is not constitutionally relevant whether an informant utilizes an audio-video device, rather than merely an audio recording device, to record activities occurring inside a home, into which the informer has been invited. When Wahchumwah invited Agent Romero into his home, he forfeited his expectation of privacy as to those areas that were knowingly expose[d] to Agent Romero. Wahchumwah cannot reasonably argue that the recording violates his legitimate privacy interests when it reveals no more than what was already visible to the agent.
https://www.eff.org/files/filenode/wahchumwah_opinion.pdf
And given that there was a visible dash cam, it's difficult to claim that the recording was secretly made.
This was a camera that was in plain view, not a hidden camera of any sort, so there is no expectation of privacy. If you don't want to be recorded by a camera you don't have the legal right to make the person stop. You do have the legal right to leave.
Plus, as others have pointed out, even if it did apply, it would only apply to the audio. Video would still be allowed.
Benjamin Golden is scum for suing the guy he assaulted while drunk.
Tbh, Golden claims he has no recollection of the incident, so how would he know if he was informed of being recorded or not?
Cross posting my response from the original thread regarding the video:
Uber should stand by the driver and put their best legal people on this case.
From executive to Jr taco maker
and even if he has, he completely deserved itI don't believe you suffer any of these things.
Wtf is wrong with a backwards ball cap?He should lose just for wearing a backwards ball cap in 2015. But really, what a piece of human garbage. His lawyer is just as bad.
It hasn't been in for years lol.Wtf is wrong with a backwards ball cap?
Did he wake up one morning and say "you know, people don't think I'm cunty enough"?
Wtf is wrong with a backwards ball cap?
It hasn't been in for years lol.
This is likely a case of sueing and counter-sueing to get a better deal. But both cases are ridiculous, sueing for 5 million in damages because your hair was pulled is just as stupid as 4 million because of unlawful filming.
"In" hasn't been hep in years."in"? really?