
"Would you like phorn with that?"
The Shermans of Arkansas are suing McDonalds for emotional distress, embarrassment and damage to their reputations after they allege employees posted nude pictures of Mrs Sherman on the internet.
Tina Sherman says she began receiving offensive calls and text messages about the pictures from her husband’s mobile phone after he left it at the McDonald’s on 5 July.
Phillip Sherman says that when he realised he’d left his phone at the restaurant he called and arranged for staff to secure the phone until he could collect it.
The case raises interesting questions around our perception of electronic files. Would Mr Sherman have been so blasé about leaving an envelope lying around stuffed with titillating pictures of his wife? Would the McDonald’s staff having found such an envelope rushed to the scanner, downloaded them to the office PC and uploaded them to whatever sleazy website the pictures eventually ended up on?
The convergence of technology allows us to photograph, video, record, store, view and display all manner of media and documents. We can carry all of this around in our pockets (or purses). Not only that but we can make multiple copies to distribute among our devices and our friends.
The thing is, even though they are in digital form the files are just as important as if they were printed and stored in a folio. Ask all those who have lost confidential information on a stolen laptop. Likewise with music, film and written publications those files have value to the copyright holders and just because we can copy them till our heart is content, doesn’t mean we should.
There is one thing that the Shermans don’t seem to be suing McDonalds for and that is breach of copyright. They should.

