Hamboned runs the risk of a criminal charge in WI and could have mitigated his risk by actually listening to the people who he claims are telling him to
shut up.
This is not the 1st time he's messed with
WI 942.09. Last time was with Reviewtech USA.
Eliza isn't under 18 in that video Hamboned used based on published timelines. But 942 also talks about consent:
"
A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct."
Eliza is claiming drug use - enough for perhaps that element to be satisfied.
So while there is almost surely a contract thus making consent arguable for the image Hamboned used. But Hamboned didn't bother to reach out to WorldStar and buy the right to make the image post.
Nor did Hambone lacking explicit posting rights go down to Target and bought a dumptruck and doll and pose them like a still from the image and ask Eliza about the video. Could have even made an arts and crafts video about the simulated image.
If he'd had bought even limited rights he'd have avoided
942.09(3m) part
'knows that the person depicted does not consent to the posting or publication of the private representation*.' Worldstar strongly has the rights to make posts of the images. Not so much for Hamboned - how would the claim of fair use 'news' work given the Hamboned past postings on journalism? Buying limited rights would have 'gave possession' and Eliza would have to show the contract didn't allow Hamboned rights access due to reduced capacity at the time of signing.
Taking a picture with a toy and a doll or even the doll and some sand from sandbags or even just pink paint background would have allowed him to get clicks from the mockery of having to do such things just to avoid Eliza's striking. Coulda even gone for the adult swim Robot Chicken look.
Perhaps other state statutes would allow Eliza to make claims that concern the providers enough to pull down the images as the cost of taking them down is FAR lower than having a legal fight over them. For whatever reason her removal concerns are being honored.
If Hamboned had bothered to buy limited rights he'd have been better positioned. Instead we'll get to watch Hamboned beg for money yet again 'to totally take this to court'. His truck is getting old and needs replacement after all.
And if there is a legal fight this could get expensive and perhaps create caselaw*.
*“Private representation" means a representation depicting a nude or partially nude person or depicting a person engaging in sexually explicit conduct that is intended by the person depicted in the representation to be captured, viewed, or possessed only by the person who, with the consent of the person depicted, captured the representation or to whom the person depicted directly and intentionally gave possession of the representation.
**While I'd expect it to go no where there is a phrase 'you may not do the time but you will ride the ride' and I'd look forward to sitting in the gallery watching Hamboned ride the ride and the dollars flowing out of his pocket. And I've not wasted any time looking for caselaw at this point.