MAD ABOUT THE BOYS: ANDY HONDA

Thursday 12 March 2009

ANDY HONDA

3 comments:

Erik Syverson, Internet Lawyer, Raines Feldman, LLP said...: February 10, 2010
By Email

Re: Misappropriation of Andy Honda’s Name and Likeness; Child Pornography Photos and Content Regarding “Andy Honda”

To Whom It May Concern:

We represent Andy Honda in the above referenced legal matter. Mr. Honda is an actor and model who has recently become aware of pictures of himself that have been posted on your website at http://madabouttheboys.blogspot.com/2009/03/andy-honda.html without his knowledge or consent. It appears these private pictures have been misappropriated and are being exploited by your website for commercial gain without Mr. Honda’s consent.

Additionally, the pictures and content of Mr. Honda appearing on your website appear to have been taken while our client was under 18 years old, constituting illegal child pornography. See 18 U.S.C. §2256(8).

The knowing publication of child pornography is punishable under Federal law by fine and a prison term of “not less than 5 years.” 18 U.S.C. §2252A(b). Publication of child pornography also gives rise to a civil cause of action in which a court may award injunctive relief, compensatory and punitive damages, and the costs of the civil action including reasonable fees for attorneys and experts. 18 U.S.C. §2252A(f).

The unauthorized use of Mr. Honda’s name and image on your website is a violation of his privacy rights. Not only have you used Mr. Honda’s name and pictures without his permission, but you have used them for commercial purposes as your website contains paid advertising and/or content links to other websites having a commercial purpose. In addition to this civil law violation of Mr. Honda’s rights, you may face criminal liability for hosting and promoting child pornography. We hereby demand that you provide age verification of Mr. Honda relating to these images.

The unauthorized use of Mr. Honda’s name and image for commercial purposes described herein violates California Civil Code Section 3344(a). Pursuant to the statute, not only is Mr. Honda entitled to general damages for loss of reputation, shame and mortification, but he is also entitled to any profits that might have been earned from the unauthorized use of his name and likeness. Additionally, Mr. Honda may have claims for punitive damages and attorney fees should this claim be litigated in a court of law. In California, punitive damages are awarded to punish a defendant for his or her wrongful acts.

We demand that your website remove any reference to Mr. Honda’s name and the images described herein from its website. Further, we demand that your website remove any access to these pictures and Mr. Honda’s name from its indexing system and cache so that so that internet searches for “Andy Honda” will not locate your website.

We expect to receive communication from you within seven days of the date of this letter providing your assurances that you will comply with our demands described above. In the event that we do not hear from you or that you refuse to remove Mr. Honda’s name and pictures described above from your website, we will have no choice but to include you and your website in the legal action we will be filing against those who have violated Mr. Honda’s privacy rights. Also, we will report you to the appropriate law enforcement authorities for child pornography crimes.

Pick & Boydston, LLP

/s/Erik Syverson
Erik Syverson, Attorney
for Andy Honda; 10 February 2010 at 16:05
Anonymous said...: in the pics, your "client" is not exposing his genitals.
under what claim do you pretend this to be child pornography.
shirtless pics, even with some pubic hair exposed, is not child pornography.
if your client is so concerned over underage pornographic pics, why did he have them taken by a professional.
are you advocating children's rights to pose naked?
seems odd to me.
furthermore, there is no "commercial" gain on the part of the person who created this page.
at least at this point in time, there are no ads generating revenue.
no doubt the page creator found these pics elsewhere in the net, which stakes a claim for fair usage on this site.
as it's likely your client himself posted these pics on the interwebs, he should expect them to be reposted elsewhere. fair usage entitlement.
reporting the page creator to the legal authorities for child pornography crimes exposes you to a countersuit for harassment.
none of the pictures are pornographic in content, nor do they show parts of the body which would allow such a claim, such as andy honda's dick, testicles, anus.
if there was merit to your specious claims, blogger dot com itself would have removed the posts at your request.
have you considered a career move to target torrent users ? internet trolls like you sometimes find this lucrative.; 16 September 2012 at 13:07
Anonymous said...: Hahahahaha, Erik Syverson, child porn, you wish !!! Andy was doing gay porn on Corbin Fisher long before these photos were taken.
You're not a very successful attorney, are you?; 11 October 2022 at 18:08

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