well... the way i see it is with the snake bookmark... there was no border, it would be like taking a photo of a poster & saying it was yours, now if the poster was on a wall & there were other elements in the shot that would be different... just like if you had taken a photo of the bookmark laying on a desk with maybe some other objects... like a book... & then there was the issue of it even resembling a photo anymore... does that make sense?