Re: Penis picture is now a DMCA violation!

["Eliah Kagan" <degeneracypressure () gmail com>]

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.

> (v) A statement that the complaining party has a good faith belief that use
> of the material in the manner complained of is not authorized by the
> copyright owner, its agent, or the law.
>
> *I have a good faith belief that use of the copyrighted materials described
> above as*
>
> *allegedly infringing is not authorized by the copyright owner, its agent,
> or the law.*

On the other hand, if you have reason to believe that he is *not* a
child pornographer and therefore that he would not believe that he
held copyright on a picture of a minor's penis, then I suggest report
him to the proper authorities for committing perjury, another offense
for which I believe one can go to jail.

In either case and whether or not you follow these suggestions, you
should really inform the EFF of these happenings, in case they're not
closely reading the nmap-dev list.

-Eliah

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