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There are really two questions here that people are confusing.
1. Is it Torn's right as owner of the imagery to do what he did?
I would say yes.
2. Is it a good business decision to act on your rights?
In this specific case, I have no idea. But, if a sponsor generalized the concept to disallowing skimming on a thumb, I would advise them that they have made a poor business decision.
Things like this crop up in business everyday, not just the porn business. For example, I have had customers fall behind on payments a number of times over the course of any individual year in my bricks and mortar business. Is it my right to throw the account into collections and seek a judgement - yes. Would it be good business to do this in every case ? No, it would be suicidal to my own business given the prevailing practices in the industry.
Same thing here, IMO. It is a sponsors right, in my opinion, to limit the use of thumbs made from their content, but it would be suicidal to disallow skimming given the prevailing practice in the industry. Just because certain practices are common does not make them right, but fighting them may doom your business. It all boils down to a simple, everyday business descision not unlike those made by businesses every day.
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