1. His actions in GP Richmond were a freedom of speech.
2. His actions were of artistic nature, and not intended to defame or hurt people; and therefore were not unsportsmanlike. 3. These pictures were taken in complete accordance of the law.
4. He did not reveal any personal details of anyone in the photographs, nor did he photograph their face.
5. The ban came without even considering his intentions for taking the photos, and instead his intentions were assumed to be of a malicious nature.
6. He wasn't taking pictures of people in a situation where people assummed no one would be watching them. There were thousands of people there able to witness the events in the pictures. These people dressed themselves, and by entering the premisis, agreed to WoTC guidlines for reporting information (including pictures) for media release. Therefore, these individuals knew ahead of time that they were in a situation where their general appearance could appear online, and were evidently okay with their appearance publicaly - therefore it should be assumed they were okay with their appearance publicly online as well.
7. These people were not bullied into posing for these pictures. According to definition, this cannot be considerd harrassment, as that would require one to be disturb (interfere with) another person. To be disrespectful in this scenario would require a negative intent. His intent was a positive one - to create laughter. Not at the expense of any person's feelings, but rather at the scenario itself (the number of exposed posteriors at a Magic: The Gathering tournament).
8. These items should be considered. But more importantly, it should be considered that OB1FMB's intent was not to hurt the reputation or feelings of any person. However, these actions (taking photographs of exposed posteriors - it was even titled a documentation) should be discouraged from now on, and punished accordingly as to prevent this from occuring in the future, but OB1FMB should not be banned from M:TG tournaments.
The link posted by OB1FMB that led to the ban: