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[–] Guy_Justsome 0 points 4 points (+4|-0) ago 

Gentlemen.

This story is not about anyone vandalizing anyone's property.

The property owner invited taggers to make a graffiti park. It was well organized and they had a good run. It was legendary. It was Epic.

But then the owner wanted to develop his property, which meant removing the kiddies' spray-paint playground. The kiddies cried; the kiddies sued; the kiddies lost.

But since it's never over with pouty children denied their free shit, they want some grand legal principle of eminent domain for cockroach artists to be invented, so this never happens to them again.

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[–] dieusor ago 

Why make an informed comment when you can just attack a straw man?

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[–] PewterKey 0 points 4 points (+4|-0) ago 

Oh this would be interesting. It would suggest the IP is the property of the Artist, but I would further point out that the canvas materials and the commission of the crime would give victim ample leverage to seize any IP right from the criminal.

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[–] tendiesonfloor 0 points 3 points (+3|-0) ago  (edited ago)

On your property? Yes.

Destroying somebody else's property? No.

Freedom of Speech doesn't protect your right to kick in somebody's door and live there because you're 'exercising your first amendment right to speech'.

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[–] CujoQuarrel 0 points 3 points (+3|-0) ago 

If it's on your own property , maybe. Otherwise no

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[–] SmokeyMeadow 0 points 2 points (+2|-0) ago 

Graffiti "artists" just paint over each other's work constantly, so would they be in commission of a federal crime by defacing a rival graffiti crew's tags? Would the owner of property defaced by the Crips or Bloods street gangs be in violation of the RICO act for supporting gang activity with this graffiti, which could not be legally removed? Does public property now become private property through commission of vandalism, provided enough square inches of the park/train/bus/police horse/etc are covered?

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[–] clamhurt_legbeard 0 points 1 point (+1|-0) ago  (edited ago)

Are we seriously considering whether every random person has a right to deface my property?

If you live in an HOA you can't paint your own house the wrong color, but some stranger has the right to scrawl obscenities on your house and it isn't a crime?

Absurd!

“It’s going to be a Pyrrhic victory,” she said. “These individual artists may be compensated, but what is going to be the long-term effect [is] buildings don’t allow public art because they don’t want to face damages.”

Did you not think of that before suing him?!

[–] [deleted] ago 

[Deleted]

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[–] clamhurt_legbeard ago 

I don't submit my property to the discresion of an HOA to begin with.