Nmap Development mailing list archives

Re: Penis picture is now a DMCA violation!


From: "DePriest, Jason R." <jrdepriest () gmail com>
Date: Fri, 19 Jan 2007 10:16:17 -0600

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.

-Jason

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