Film-Tech Forum ARCHIVE: Recordings of Conversations

This is topic Recordings of Conversations in forum Film-Yak at Film-Tech Forum ARCHIVE.

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Posted by Nate Lehrke (Member # 1460) on 06-11-2003, 03:52 AM:

I am Nate and I kick ass. However recently my ex-girlfriend (bitchwhore) said she had a recording of me saying I would give my computer to her, when I got a new one. She now wants the computer. I don't want to give bitchwhore the computer. She says she recorded this while we were at the theater one day. Is it legal to record conversations on private property like that or at all without the person knowing about it?

Posted by Adam Martin (Member # 641) on 06-11-2003, 04:00 AM:

Tell her that you also repeatedly said that you loved her, but never really meant that either. It will at least piss bitchwhore off. [evil]

Posted by Andrew Duggan (Member # 1302) on 06-11-2003, 04:16 AM:

I think it is legal to record someone in that kind of setting, but I'm not sure about doing it on private property. But one way or the other, recordings like that are pretty much useless, since you can't really use them in any kind of court. My suggestion would be to hire a ninja mercenary to go on a stealth mission to retreive said tape(s). Just a thought.

--Cheers!
Andrew Duggan
Ninja Mercenary For Hire

Posted by Mike Pennell (Member # 1692) on 06-11-2003, 05:11 AM:

Nate, its probably the same as when you record telephone conversations. The person has to be informed of the recording or given consent. I dont think you're legally bound to do anything about the computer. If she wants to hire a lawyer and pay probably the same she would for a new computer she's pretty dumb. Take Adams advice as that is the sweetest comeback i've heard in a long time. mike [beer]

Posted by Randy Stankey (Member # 64) on 06-11-2003, 10:08 AM:

It seems funny to me. If she really DOES have this supposed recording of a conversation between the two of you then WHY hasn't she played it for you?

So what if she does? It means nothing.

The recording was made (presumably) without your permission. No judge in his right mind would admit that evidence unless it was with your permission.
You could have said that you would give her your computer. You could have honestly meant it. You could have even given permission to record it. Still, you don't have to give her a damn thing. Let's say it's all true. It can be very easily said that the "verbal contract" is only valid as long as she is your girlfriend. Now that she is your EX-girlfriend it's an EX-verbal contract.
Let her try to sue you! She won't get anywhere. If she does, she will have spent 10 times more than a brand new computer will cost! Cripes! I saw a Gateway advertised on TV the other day for $900! Not even the infamous James Sokolove, the "You don't pay if we don't win" attorney would take a case like that!

No, I say ignore the psycho hose beast! She's just harrassing you for spite. The more she gets under your skin the more she "wins" her game. Your response to her should be, "Don't call me! Don't come to my house! Don't talk to me! I don't want to talk to you! Forget you ever knew me!"
If she continues to harrass you, tell her that you'll get a restraining order against her.

By the way... They say the element Thallium mixes well with Coca Cola and, when ingested, it produces symptoms that appear identical to a sudden heart attack.

Posted by Jim Spohn (Member # 1547) on 06-11-2003, 10:11 AM:

Remember when it comes to women...No matter how good they look and no matter how sweet they are...there is some guy out there that hates her f***ing guts!!...Jim

Posted by Michael Gonzalez (Member # 593) on 06-11-2003, 02:13 PM:

Well I am going to try to steer this topic in a somewhat different direction...

A couple of years ago I had an assistaint manager who would record conversations and activities to "protect his ass" as he later put it. I don't know if he was just paranoid or what. But I guess that he believed that if he had his recordings, he would have his "proof" that he was not responsible in case something ever happen. However what he end up doing was initiating a conflict with a female staff member he didn't like so that he would have a recording of her more or less cursing him out. Needless to say, I got rid of that guy at the earliest possible time. Has anyone had any kind of similar experience with someone?

Posted by William Leland III (Member # 1400) on 06-11-2003, 04:26 PM:

Tell bitchwhorecunt to go and watch some Law and Order. That is the only way to really learn our legal system.

Posted by Sam Hunter (Member # 1119) on 06-11-2003, 04:56 PM:

Better yet tell "BITCHWHORE" to F*&^ OFF.
Don't worry about it, women are good at intimidation. Don't let them get to you as they are all spitefull creatures when they want to be. As long as the PC is not considered community property or was owed as a payment or something like that then there is no problem. Tell her to eat shit and die.

Posted by Nate Lehrke (Member # 1460) on 06-11-2003, 07:39 PM:

I will advise bitchwhore to just go away. I wasn't extremely concerned about having to give her anything but still nice to know.

So the only way secretly recording a conversation would be useful, is for blackmail purposes? Never admissible to a real life situation?

Posted by Bill Enos (Member # 440) on 06-11-2003, 11:12 PM:

Run over it with the car and give her the damned thing.

Posted by Joe Redifer (Member # 3) on 06-12-2003, 01:47 AM:

I have met Nate's ex girlfriend and she certainly is a bitchwhore (sorry Nate). I guess she would go around telling Nate and others we worked with that I was "the devil" or "satan" for no reason that I know of. And she said I wrote nasty things about her or something weird like that. Well I guess I have now. [Smile]

Posted by Randy Stankey (Member # 64) on 06-13-2003, 09:19 AM:

The day-to-day things that most people say are so mundane that recording them is a waste of time. The only time it's worth recording what people say is when there is some artistic, historical or documentary value.

I'm not going to say that nobody has ever been blackmailed by secret recordings. But, don't you think that kind of thing happens only in the movies? Think about it realistically... Secret recordings are 99% inadmissible as evidence in court. Under some circumstances, the person making the recording can be in legal trouble themselves.

The "value" of a secret recording being used for blackmail is, IMHO, mostly psychological. The victim would have to be afraid to be embarassed by his own words. The value of what's recorded must be of such a great importance that it rises above any legal consequences that the recorder might face.

Let's say, I admitted to you that I committed a murder and told you where the body is. The cops can't use that as evidence. The recording is inadmissible. Even if the cops went to where I said on the tape and found the body they can't use that against me. It's "Fruit of a poison tree". It doesn't mean that they can't use other evidence (like DNA taken from the body) to nail me but that tape recording is useless.

I would say that there are two situations where secret recordings are valuable for blackmail. First would be egregious crimes... serial murders or "crimes against humanity"... Something so "bad" that the person being recorded would never have said that otherwise. The only other situation where blackmail would be valuable would be a "heat of the moment" type scenario. Let's say that we were standing near an angry mob, consisting entirely of some ethnic minority. If you played a recording of me saying, "All <ethnic slur> must die!", I would be in a heap of trouble!

Other than that, there must be some overriding reason why I MUST be secretly recorded for it to have value. The only other way is (for the police) to get a warrant. If not, the person who MADE the recording is likely to get into more trouble than the person BEING recorded!

Posted by Thomas Procyk (Member # 1170) on 06-13-2003, 12:33 PM:

Nate, sue her for making the recording! [Smile]

=TMP=

Posted by Dave Williams (Member # 299) on 06-13-2003, 01:38 PM:

Here are the rules regarding the type of recordings you speak of as far as a court of law goes...

The alleged recording was made in a "public place" on "private property". What makes it public is that the general public is invited upon certain contingincies, i.e. you pay the admission price.

Even though the location is a privately owned place, the business is a public access venture, adhereing to open access laws under the civil rights act and other similar legislation and law.

She can make the recording without your permission. However, to be admissable in a court of law, she must be able to prove that the recording was made in the manner that she says she did.

In order to prove that, she must have had at least TWO other individuals help her set up the recording, both must be of a disinterested party, or no one she knows. In other words, she would have needed the help of a private investigator or other professional that can testify in court as to the nature of the recording. This is required as recordings are very easy to alter with very inexpensive computers and software readily to any consumer with cash or a readily available credit card.

She must also be able to prove on the recording itself that the so called "confession" was not co-erced in any way. In other words, if she led you in the direction of saying what was said, the recording is inadmissable in court proceedings. If on the other hand you just blurted it out without help, it is admissable.

Even if it is admitted in court as evidence, it still does not prove a contract existed at all to hand over the computer to her. Most states will not accept an oral contract as final, which is why any contractual lawyer will tell you to "GET IT IN WRITING". And even then, get it notarized!

I hope that helps.

Dave

Posted by Rachel Gilardi (Member # 1016) on 06-13-2003, 02:07 PM:

quote:
Remember when it comes to women...No matter how good they look and no matter how sweet they are...there is some guy out there that hates her f***ing guts!!...Jim

And Jim...
Remember when it comes to guys...No matter how handsome they are and no matter how sweet, loving, caring, and sensitive they are...there is some girl out there that hates his f***ing guts and would like to bitch him out while going through PMS WITHOUT her midol anyday!!...Rachel [Wink]

Posted by Nate Lehrke (Member # 1460) on 06-16-2003, 12:41 AM:

I sent bitchwhore an email with a link to the FT Forums and instructions to read the topic. She seems to have dropped the subject now since I haven’t got a reply, except to the fact or her not caring for the bitchwhore name. [Big Grin]

Apparently, she know longer needs anything from me, including "your piece of shit computer!"

Thanks for the help!

Posted by Randy Stankey (Member # 64) on 06-16-2003, 08:26 AM:

Good ridance to bad rubbish!

Posted by Paul G. Thompson (Member # 655) on 06-19-2003, 08:50 PM:

If it were me, I would tell her to "Jam it" so far in that it would be hopelessly lost.

Posted by Gracia L. Babbidge (Member # 582) on 06-23-2003, 11:33 AM:

Women are insane, and many of them are highly manipulative.
Men are wacky, and many of them don't pay enough attention.

That's just how it is.