Help, I need advice and general law knowledge

Olympus 40-150mm f/3.5-4.5 Zuiko Digital

07/08/2006 10:40:20 AM · #1

On thursday as I was looking for a photo to place in the "no comment" thread and I noticed two self portraits that had photographers notes on them that I DID NOT WRITE! one had all the orginal notes deleted and had this in its place "huh..i look like a beached whale who do i think i am. i have to remember that i am a huge woman and nobody finds me attractive at all i am just and ugly person" second one had all my orginal notes but added that "Im really 48 and a lesbian".I have no idea how long these have been on the photos. I am not a bit hurt by either of these, only thing it accomplished was to royaly piss me off. so with the help of admin it was narrowed down to two computers. one being mine and the other is my sister in laws computer( I had been on her computer, in my acct many times, my password was saved so I didnt have to keep signing in). this is where i need the help. sister in law had to pawn her computer on may 19th to a "reputable" pawn shop. her computer signed into my DPC account on june 20th and again on july 2nd. Both sister in law and myself will be making a face to face meeting first thing monday morning. I will be taking with me a copy of both web photos with the photog. notes and a copy of proof that they have been using her computer. Needless to say we plan on raising som hell in there. I am asking for some general law knowledge as to what I can legaly threaten to do, and what kind of compensation(if any) that either of us should be entitled to(shes hopeing to get her computer back for free, and Im not sure what I want except an apology at least). I want to go in there and know what a pawn shop is legaly allowed to do with pawned equipment, and what I am legaly allowed to do about the notes.
I have gone through all my sites and changed all of my passwords so they can no longer access any of my accounts, and sister in law will be here this afternoon to do the same. As far as either of us can remember we didnt have any personal information on the computer(like SS# or D.L#) and she only had that computer a couple of months so Its unlikely that any of that was on it. heres the two photos that had the notes "adjusted"......any advice or knowdledge would be GREATLY appriciated, I REALLY need to know what Im doing in there before i get there.

joynim

Olympus E-500 EVOLT

07/08/2006 11:07:00 AM · #2

That really sux
Some people are just sick
I have no leagal advise for you but I wish you luck and it's a good reminder for us all

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

07/08/2006 11:19:40 AM · #3

Whatever the law is, it will probably be at the state level. I suggest you contact your local district attorney -- most of them have someone assigned to consumer fraud issues.

You may also want to contact the secretary of state or whichever agency licenses corporations.

poonaka

Canon EF 50mm f/1.4 USM

07/08/2006 11:26:35 AM · #4

That's terrible that someone would do that. Don't forget to change your password...

Canon RF 24-70mm f/2.8 L IS

07/08/2006 11:35:20 AM · #5

I am not an lawyer and do not represent one in any shape form or way. Now since the disclosure is out of the way I will say I have 5 directly in my family. Don't know whta legal standing you have? Did you sell outright the machine or just pawn it for a limited time? Also did you sign anything and what does it say? Another factor is where do you reside and where was the machine pawned? I have a bad feeling that unless you can prove monatary damages like or lost your job or it cost you a contract it may not be worth pursuing legally since lawyers are going to cost you money. As far as getting the pc back for free that would be just an arguement with the pawnshop. Mort likely they are going to denign that it was them; even though you can prove it was from that pc after they took possesion. If you sold it out right to the pawnshop and did not erase the software than you at very least may have no rights except an appology. If this was a bank account then you would have a case of Identity theft. But being its a horrible thing for someone to do but nothing but feelings were damaged its hard to get anything out of it. If your in the state of Georgia or Alabama or Oklahoma drop me a PM I will see about getting you some help from a real Lawyer. Sorry this happenend sometimes bad things happen to good people

kirbic

Canon EOS R5

07/08/2006 11:42:11 AM · #6

Let's hope that no information like credit card numbers, bank account information, or other financial access info was compromised. That could be disastrous.
If the computer is still located at the pawn shop, is it in a location where the public could access it? If so, there is probably little in the way of proof as to whom may have perpetrated the acts. If it is not accessible, then by all means the staff of the shop needs to be taken to task.
In cases where a computer is sold, I always recommend erasing and "wiping" the hard drive(s) and doing a clean reinstallation of the operating system. That may not have been an attractive option here; if she hopes to get the computer back, she'd obviously hope to avoid reinstalling everything. Still, this is a reminder of what can happen when computer hardware falls into the wrong hands.

CEJ

Canon EOS-40D

Canon EF-S 18-200mm f/3.5-5.6 IS

07/08/2006 11:50:54 AM · #7

I am not sure about the law, but as far as your sister's computer being used, the admins would have no way of knowing it as your sister's computer unless it was used from your sister's IP address. If it was used from another IP it would be like any other computer that signed on to this site from anywhere.

I take my laptop to many places where they have wireless access available, thus a different IP. I also log on to this site from at least 4 different computers. The admins only know it is me by me logging in. But not which computer I am using, just that I logged in. I think if they said it was your sister in law's computer they meant it was from the IP address, not the physical computer. I wouldn't necessarily go after the pawn shop until you are sure your sister in law or anyone else who may have used her computer at her address didn't add those notes. They sound kind of personal and by the photos, the remarks made don't make sense. Sounds more like someone who knows you personally and not some person at the pawn shop.

Message edited by author 2006-07-08 11:52:59.

07/08/2006 11:53:35 AM · #8

Alien has a valid point. Unless they dialed in from an Dial up ISP account residing on that PC How could it have the same Ip Scope? I also travel and float with my laptop work pc and home pc.

07/08/2006 11:56:49 AM · #9

The pawn is for a one month time. as long as "interest" on the loan is paid before the due date they hold it for another month.Basicaly the computer is collateral for a $125 loan. I live in kentucky. I really dont know what her pawn ticket says(if anything). I am going to try to talk to the district attorney first before we go to the pawn shop. like I said before..I want to have my P's and Q's in order before we get there. they may not be the ones that put the comments on my photos but the very least they did was log onto accounts(why in the world would they do that unless to vandalize as was done) on a computer that Im pretty sure they have no right to use at all till the pawn term is up when it becomes legaly thiers. both times they signed onto both our accounts, once an hour before thier closing times and once 2 hours after thier closing times. This computer is supposed to be sitting in a store room collecting dust (where no customers are allowed), not being hooked up and logging onto peoples(owners)accounts. I just wonder how many people have taken thier computers to this place and still had important information(like bank account #'s) still saved on thier computer. Im not looking for any monetary compensation at all....I just want an apology basicaly. I dont know how many people read that, and thought I was at the very least, had quite a low self esteem. which I dont, (but I dont think Im the greatest thing that ever walked the face of the earth either.)
thanks guys

Originally posted by coronamv:

Canon EF-S 18-200mm f/3.5-5.6 IS

07/08/2006 11:59:01 AM · #10

Good luck.

CEJ

Canon EOS-40D

07/08/2006 11:59:05 AM · #11

Even the dial up account would not identify the computer as her sister in laws, it wold just get the person on the net. Still an issue of IP address. That is what the admins see. If they scanned their records they would see her main IP that she uses primarily identified with login and then her sisters IP identified with her login. If they only saw the two, then it had to be at her sisters house, not the pawn shop.

Admins, if I am wrong here I would love to know.

DrAchoo

Panasonic Lumix DMC-LX5

Canon EF 24-105mm f/4.0L IS

07/08/2006 12:11:36 PM · #12

Ya, I echo Alienyst. It was the first thing I thought of. The IP should not follow the computer. I'd really try to sort that nut out BEFORE I went and raised hell at the pawn shop.

Canon EF 17-40mm f/4.0L USM

07/08/2006 12:11:38 PM · #13

But wouldnt the same IP address show if the computer used its installed "dialer"?. we both have DSL connection(if that makes a difference)

Originally posted by Alienyst:

littlegett

Canon EOS-20D

07/08/2006 12:12:22 PM · #14

Pawn shop general Rule... 'AS IS'

so, the data that has been used by another person abit morally wrong, got the computer 'AS IS'

Now, the pawn ticket is the really big issue here. What was the terms of the pawn, and was any of the terms in breach, asin payment not made on time, or pawn shop prematurly sold computer from underneath.

Answer those questions, and you may have litigation against the pawn shop.

As for the lost data.... not anything you can to to the 'buyer' its all on the pawnshop if prematurly sold. Which could inturn be a federal case. depending on what data was on the HD.

edit more info
What the pawn shop can legally do with pawned items... You have to find that stores perticular rules/regs/and such. Each store itself can be different. and to get those, normaly you have to go to the source. They should allow you to read and even take them, concidering they are supposed to let the people read them before they sign the contracts.

Message edited by author 2006-07-08 12:15:26.

Phil

Canon EOS-7D

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

07/08/2006 12:19:59 PM · #15

Originally posted by Alienyst:

Exactly what I was thinking as I read the original post. Admins, is there is now a way to see an actual computer and not just the same IP address?

Phil

Canon EOS-7D

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

07/08/2006 12:26:50 PM · #16

Originally posted by smilebig4me1x:

But wouldnt the same IP address show if the computer used its installed "dialer"?. we both have DSL connection(if that makes a difference)

It shouldn't. If the pawn shop is on DSL they should have an IP assigned to their modem, which will be the IP address seen by DPC. If it's a static IP then they'll have one assigned to them permanantly. If it's a dynamic IP it may be assigned different addys but it would be a huge coincidence if they happened to receive your sisters old IP address.

brizmama

Nikon D200

Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6 ED

07/08/2006 12:34:37 PM · #17

Not to sound like a pot stirrer but do you have a good relationship with the sister-in-law? She hasn't been mad at you reciently or anything? (I am seriously NOT trying to point any fingers) If someone else asked this I must have missed it. Just a possibility, even if it is an extremely unlikely one.

sabphoto

Samsung Galaxy S8/S8+

07/08/2006 12:38:44 PM · #18

Can't help legally, that really sucks that idiots would do this. On a side note, I hope they aren't still accessing dpc and reading threads...chances are slim but could be a chance all the same. Good luck.

07/08/2006 01:02:36 PM · #19

still the best of friends, still see eachother everyday. I had thought of that myself, but theres no possiability of it being her. I agree that the "notes" do sound a bit like a personal jab, but anyone that knows me know I wouldnt be bothered by it at all. what angered me was that someone could show exactly how chilish they really are in my name.

I just got off the phone with the ISP and they cant tell me who's computer name and IP address that I have. In order to get that I have to obtain a suponea(sp?) so Im crap outta luck with help from them. I just wanna make sure Im about to raise hell with the right people.

Originally posted by brizmama:

07/08/2006 01:26:06 PM · #20

would the IP be the same if someone took the DSL box and hooked it up on a different computer?(assuming they used the same account?)

07/08/2006 01:35:07 PM · #21

The modem would not work if moved it has to be asigned a DLSE's address at the local CO. This itentifies the path and settings outside of the modem. You could get the same IP how random that may be if your using the same dial up ISP and they were small enough just depends on how often they release their IP Scope. Granted Rare..If what you are saying you both have DSP or broadband sounds kind of funny. Not from you but sounds like whoever told you that it was from a particular PC is looking at the log in and not the IP. Not saying anything it could have been a mis-comunication. Just something does not sound right. I would really just chalk it of as a learning experience on why never to leave a pc unprotected in any case

07/08/2006 01:38:08 PM · #22

Originally posted by smilebig4me1x:

would the IP be the same if someone took the DSL box and hooked it up on a different computer?(assuming they used the same account?)

if left hooked up and someone else connected to the network where that dsl modem exist IE your sisters house then yes. Most ISP's leave the lease on the address(IP) for over a year or more. So it sounds more likely that this occurred from another pc located on or in one of your homes.

07/08/2006 01:42:00 PM · #23

If you really want to know just contact your ISP and ask for a list of MAC-addresses this is the hardware Identifier associated with the network card in the computer. It is unique to all cards. Then go to each pc you think could have done this and run a command prompt and type in ipconfig /all the physical address will be the mac-address that will pinpoint the computer. May be hard getting that info from your ISP