There were separate incidents regarding Sharby. There was the alleged "spiderman texture" usage in one incident and there was bandwidth theft in another.

The texture usage got sharby pretty ticked off when it happend quite a while ago. The website in question used to have larger images of the spiderman and you could see the similarities and "sublteties" that were the same "sublteties" as Sharby's textures. Since then, I'm assuming the website got the authority to license the Spiderman image from Marvel (with obvious modifications) because it now has the "Marvel" logo on their page since it's being used for commercial purposes. The images they used to have didn't look hand-drawn. They had actually looked like they used Poser or another 3D rendering program to intergrate it into their product.

In terms of bandwidth theft, it had been going on for a while before the "texture usage" issue, but I'm sure the texture thing was the straw that broke the camel's back and he took the stuff down as a result.