He was provoked. Having recently undergone a traumatic rescue, Kyle Dyer knew or had reason to know that Max would be defensive of his private space. Additionally, any human of normal, sane thinking with ANY experience with dogs should know or have the COMMON SENSE to not put their face near a dog. Is it not the job and responsibility of a reporter to "research" the subject of which they are interviewing? I spent 5 minutes googling basics do's and don'ts of dog training and here is what I found:

1) http://www.dogtrainingbasics.com/DogSafety.html (See Item 8 of DON'Ts)
2) http://dogs.about.com/od/caringfordogsandpuppies/qt/dogbiteprevention.htm
3) http://www.cesarsway.com/tips/thebasics/prevent-bites

It is in the public interest and the interest of precedent to release dear Max. News channels showcase foster pets every day and as such, are successful in finding them homes. Do we want to set the precedent that shelters should fear bringing pets on television because if something happens, they risk being issued a legal summons and citation? NO! It is in the public interest to let Max go, he has been through enough.

Want to know more?  Visit: A Voice for Gladiator Maximus aka Max (the REAL victim)