Monday, September 30, 2013
Modelmayhem.com (“Modelmayhem”) is a nationwide modeling industry website. Shana Edme (“Edme”) joined the site to further her modeling career. After several photographs of Edme modeling lingerie were disseminated and viewed without her permission, Edme commenced an action in the Federal District Court for the Eastern District of New York (“EDNY”) against Modelmayhem (among others). Edme claimed that the site violated her right to privacy under New York State statutes.
The court began with a discussion of contracting and the Internets:
The conclusory statement by Modelmayhem that "New York law specifically recognizes 'Terms and Conditions' posted on a website as a binding contract" (Modelmayhem's Mem. at 6) completely ignores the developing discussion within this Circuit (and courts nationwide) regarding what actions by an internet user manifests one's asset to contractual terms found on a website. "While new commerce on the Internet has exposed courts to many new situations, it has not fundamentally changed the principles of contract." Register.com, Inc. v. Verio, Inc., 356 F.3d 393, 403 (2d Cir. 2004). "Mutual manifestation of assent, whether by written or spoken word or by conduct" is one such principle. Specht v. Netscape Commc'ns Corp., 306 F.3d 17, 29 (2d Cir. 2002). As Judge Johnson of this District previously explained:
The Court then discussed Modelmayhem’s failure to explain how Edme became bound to the terms on the website. Modelmayhem could have presented Edme with the terms in a number of ways:
Edme v. Internet Brands, 12 CV 3306 (E.D.N.Y. Sept. 23, 2013)(Hurley, J.).
[Meredith R. Miller]