IO, being a victim of "code theft" myself, I can see where your frustration is coming from. However, you have suppled a screen shot of someone using your avatar.. as an avatar. It's really hard to take it seriously when it is just being used as an avatar. Had the guy been using it as his logo on his website, and claiming as his own work.. that's a different story.
My avatar is taken from a music video drawn by Todd McFarlane. I'm sure the music video is copy written, but I don't believe that anyone is going to care to track it down and make it be removed.. and technically, I'm not breaking any laws. I'm not claiming this avatar as my own work or anything.
I guess my point is: Most avatars on forums are of copy written material. Not many people are going to take the time to design some custom image to use, and even when they do, someone might like it and want to use it as their avatar.. and legally, there is nothing wrong with it.
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