‘I have read and accept the terms and conditions’

“At what point, Mrs Pemberton, did you realise that your personal photographs had been used unlawfully?”

“I was walking down one of the streets off Trafalgar Square. It was on a bus shelter. An ad for a holiday company. One of them new fangled screens.”

“And what was the picture of?”

“It was of me and my three kids, out in the paddling pool in the back garden. Just a normal family photo.”

“When you saw that digital ad on the bus shelter, how did it make you feel?”

“I was furious. I still am. It’s a private photo. Who knows what other photos of mine they’ve stolen. All sorts of perverted types out there. It’s disgusting.”

“But you are aware, are you not, that you had in fact given your consent for your images to be used, and here I quote the terms of use specifically for the smartphone application, ‘in multimedia communications relating to myprints4free.com and any of its affiliated companies for a period of ten (10) years from the date of upload with no requirement to credit, notify or remunerate the original uploader of the image.’ Now Mrs Pemberton, were you aware of this?”

“I dunno, you just assume nobody else can see ’em, don’t you? I thought that’s what having a password was for, to keep it all private.”

“Mrs Pemberton. You are an intelligent woman, are you not?”

“Well, I guess you could say that. I’ve got a degree. I work in a bank.”

“And you don’t recall reading those terms of use, the ones from which I just quoted?”

“No. I mean really, does anyone read them? It was just another box I had to tick.”

“Might you say, Mrs Pemberton, that these conditions were purposefully concealed from you when you signed up to use the service?”

“I’d agree with that. It’s all a con, it is. I’d never have joined if I’d known.”

“Thank you. No further questions. So, I put it to the jury that 4free Media ran a covert image harvesting operation with the express purpose of gathering large amounts of user-generated imagery for selfish financial gain, abusing the trust of its users. I urge you to consider not just the testimony of this witness but of millions of others worldwide.”