Re: Penis picture is now a DMCA violation!

[Andreas Ericsson <ae () op5 se>]

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 () op5 se
OP5 AB                             www.op5.se
Tel: +46 8-230225                  Fax: +46 8-230231

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