Quote:
Originally Posted by taustin
She - deliberately - lied in her listing, with the conscious intent of deceiving potential employers, making any agreement she had with IMDB based on a fraudulent intent on her part. Pretty much negates the agreement.
And she is not allowed to sue for breach of contract with someone else. That's the sort of thing that gets lawyers in trouble.
Again, she whined that she couldn't get work, and the jury didn't sympathize.
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Quote:
Knowing that information on IMDb’s database—as opposed to IMDb’s internal records—is public, Hoang initially did not provide a birth date for her profile. (HoangDecl. ¶ 10.) Later, Hoang entered a 1978 birth date as an attempt to “flesh out” her acting persona’s biographical details. (7/26/2012 Hoang Dep. at 255:2-10.)
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Rethinking her decision to enter an incorrect birth date, in 2007 and 2008 Hoang repeatedly asked IMDb to remove the information and leave her age unknown like other performers listed in the database. (See IMDb’s Ans. to 1 st ROGS at 7:40-48; Hoang Decl.at ¶ 14, Exs. E-1—E-12.) But instead, IMDb searched for Hoang’s legal name and personal information in their confidential payment records. (Cairella 30(b)(6) Dep. at31:15-32:16, 36:12-16; Cairella Dep. Ex. 7; Scully Decl. at Ex. J, August 3, 2012 of Thomas Whitcomb (the “Whitcomb Dep.) at 10:2-17.) IMDb then obtained Hoang’s birth date by using her publically-unknown legal name to conduct a paid search on a restricted database called PrivateEye.com. (Cairella Dep. at 46:7-47:17, 58:25-59:9, Ex. 6; IMDb’s Ans. to 1 st ROGS at 8:38-45.) IMDb never notified Hoang that it conducted this search.(Cairella 30(b)(6) Dep. at 39:6-14.) And even though it knew Hoang objected to IMDb sharing her personal information, IMDb published Hoang’s age on her IMDb profile—violating PrivateEye.com’s express terms of service in the process by publishing information from PrivateEye.com’s database. (Hoang Decl. at ¶ 15, Ex. H.)
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As I pointed before, her agreement with IMDb doesn't actually require her to give accurate information. She wasn't in breech of contract. Also, as I pointed out before, IMDb also violated PrivateEye.com's terms of service.
I don't have a problem with actors lying about their age, favorite food or natural hair color. They are actors, they play parts, their whole job is about deception.
I do have a problem with a jury concluding that a company can give credit card information to a third party without any repercussions.