Re: Penis picture is now a DMCA violation!

DePriest, Jason R. wrote:
> On 1/19/07, Eliah Kagan wrote:
>> On 1/19/07, Fyodor wrote:
>>> Remember the guy yesterday who threatened to report me and my ISP to
>>> the FBI unless a small picture of a penis was removed from the
>>> fulldisclosure archive[1]? Since I don't particularly want a penis
>>> picture on my site anyway, I responded to him stating that I would
>>> remove it if he either provides evidence for his contention that the
>>> subject is a minor, or if he just asks nicely for it to be removed.
>>>
>>> I'm still stunned by what happened next ...
>>>
>>> Today he[2] sent a DMCA takedown notice to abuse@[various domains],
>>> claiming that the picture violates his copyrights. So wait a minute
>>> ... yesterday the image was revolting and illegal kiddie porn worthy
>>> of FBI enforcement, and today he is the copyright holder for the photo
>>> and entitled to "$150,000 for each infringement"?!!
>> Perhaps he is confusing the picture in the archive with a picture he
>> has copyright on which actually is a picture of a minor's penis. This
>> is the only interpretation of his messages that I can think of that
>> makes them consistent. I suggest combining his suggestions by leaving
>> the picture in the archive and reporting him to the FBI for
>> investigation as a possible child pornographer. I suppose it is also
>> possible that the picture is of a minor's penis, and he has copyright
>> on it--if you assume this then you could also, at your option, remove
>> the picture and report him to the FBI.
>>
>
> You missed what I thought was the most obvious interpretation. The
> picture is of his own penis and he is a minor. I doubt you can be
> considered a child pornographer if you are, in fact, a child.
>

Actually you can. At least in Sweden, where a 14-year old guy has been
taken into custody for statutory rape of a 14-year old girl who
consented to having sex with him. I wonder how come she didn't get
the same accusations though, seeing as they're both the same age and
thus must have committed the same crime.

-- 
Andreas Ericsson                   andreas.ericsson_at_op5.se
OP5 AB                             www.op5.se
Tel: +46 8-230225                  Fax: +46 8-230231
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