UN "What if Trayvon Lived?" book DMCA'd by Martin estate

What if Trayvon Lived? is a real book published by Mike S. Wood, more commonly known as SmegmaKing. If you've been to twitter at all, you've probably seen SmegmaKing.

It was accessible for purchase here.

Here is the sample page.


Here's the DMCA takedown notice from Amazon.


And here's MIke's correspondence with the family.


SmegmaKing's video about his book.

Also I don't know who we're laughing at here but I thought this shit was funny as hell.

 

[The I Scream Man]

So what, was he trying to capitalize on Trayvon's death? That's sure what it seems like, and if that's the case then man he's a chode, that's not cool.

E: yeah if ever there was someone who'd benefit from getting punched in the face I think it's this guy, even if he is a troll.

 

[SpessCaptain]

I'm Australian, so the only thing I know about this Martin Book is that Americans went fucking psychotic over it and then someone has to come along and write a sensationalist wot if situation fanfiction, monopolising an event.

Okay so you need a book cover to? Alright.

Lets use a fucking rainbow gay-shit nebula from google, then we use a livetraced pic of Trayvon without permission, then use hard-lighting and use the burn tool to accentuate the nose and lips and make the mouth a single line: then have a sanserif font with no padding or margin. 2002 called they want their book back.

 

[Ron Paul 2024]

This is the same troll who wrote "Yurope: The American Invasion".

 

[The Knife]

Wow. The literary equivalent of the jerk who pops bra-straps in study hall and then acts like he can't understand what everyone's so mad about.

 

[Meowthkip]

Of course the author is a douchey-looking white dude. Of course.

 

[AnOminous]

Wow. The literary equivalent of the jerk who pops bra-straps in study hall and then acts like he can't understand what everyone's so mad about.

Wasn't it his intention to piss people off? I think the word "acts" in "acts like" is appropriate, because it's an act. He's saying "Problem?"

If the troll is really convinced he's legally in the right on a parody claim for the use of the photo, which I assume is the basis of the claim, he should file a counter notification. That might not get it back on Amazon, who can choose not to carry it for any reason or no reason, but it would remove their legal liability if they did choose to resume selling it.

Brief opinion rather than sperging at length: since the whole work is a deliberately offensive parody, the photo is modified significantly, and is used to evoke the famous photo to make the target of the parody recognizable, there is at least a colorable fair use defense. However, it's rather edgy and I think if the rights holder—presumably the person who took the photograph who I assume is a member of Trayvon's family—actually sued, there'd be something to litigate.

So I think the DMCA is legitimate if it's actually by a rights holder, just that they might not win an actual lawsuit. If the troll feels lucky, he can counter notify and take the risk of actually getting sued.

 

[SU 390]

Let me guess, his next book will be, What if Mike Brown Lived? Why Blacks and The Police Need to Have a Better Understanding of Each Other.

 

[Count groudon]

I read his name as smegmaking, which is a name that seems way more appropriate for him.

 

[Null]

I read his name as smegmaking, which is a name that seems way more appropriate for him.

That actually is his name, I made a typo.

 

[Count groudon]

That actually is his name, I made a typo.

Seriously? Does he actually know what smegma is?

 

[Poor Choices]

What if Trayvon Lived?. It's a black comedy...

Alright maybe that was just poor phrasing...

it's a comedy with a dark sense of humor

Nope. He's dedicated, good for him I guess?

 

[BT 075]

The sequal will be a book by Zimmerman: "If I did it... lol I actually did".

 

[Meowthkip]

Seriously? Does he actually know what smegma is?

Of course he does.

He's shocking, you know.

 

[XYZpdq]

Exactly what copyright is there on a dead public figure? Did they trademark his name or something?

 

[Trombonista]

Exactly what copyright is there on a dead public figure? Did they trademark his name or something?

If your son was shot before his 18th birthday, would you want people writing fanfiction about him?

 

[Skeletor]

Exactly what copyright is there on a dead public figure? Did they trademark his name or something?

The picture may be covered by copyright. He would most likely be able to publish the story with a different cover, but IANAL.

 

[The I Scream Man]

Yeah like @trombonista said, it's in extremely poor taste. While there may or may not be a copyright claim on a dude's face, it's still a fucked thing to do. Yeah, I know, First Amendment, but still...at the very least he opens himself up to a civil suit, I would think.

 

[AnOminous]

Yeah like @trombonista said, it's in extremely poor taste. While there may or may not be a copyright claim on a dude's face, it's still a fucked thing to do. Yeah, I know, First Amendment, but still...at the very least he opens himself up to a civil suit, I would think.

If you take a photograph, you own the copyright to it even if the guy dies. For that matter, you own the copyright to it even if you took a picture of a dead body.

 

[ChinIsDead]

Yeah like @trombonista said, it's in extremely poor taste. While there may or may not be a copyright claim on a dude's face, it's still a fucked thing to do. Yeah, I know, First Amendment, but still...at the very least he opens himself up to a civil suit, I would think.

Hey, even the First Amendment doesn't protect you from being called a dipshit for saying something stupid