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I have the right to keep whatever I want on my phone. Even if I leave it laying somewhere that doesn't give you the right to publish what's in it. Pretty clear cut in my mind.
I guess you could argue that there was contributory negligence on the part of the man who owned the phone (if the claim was that McDonalds was negligent in not taking actions to stop this from happening, doesn't work if you're claiming that McDonalds DID it) but to me even that doesn't seem like a compelling argument and in any case McDonalds had the "last clear chance" to stop it from occuring.
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"I put my mama on her, she threw her in the air. My mama said son, that's a mother buckin' mare."
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