It's pagiarism because it's Nike. If it was a tiny independent one-person creative guerilla hotshop, posted on a rad design web site, then it would be "ironic": if it was caught momentarily in a scene from a just-outta-film-school, no-budget, handheld wobblyfest, then it would be a "sly homage". It all comes down to who's doing the stealing and how big they are, The intent is alweays going to be murky. Mind you, the intent on this one looks real cheap. But, you know, more interesting than all the similarity betweeen the two images are the differences -- it's the differences in the images that tell the real story. The dirt and verite from the minor threat image have gone and been replaced with....nothing, blankness, flatness. And the telling change in the angle of the bowed head (from a meaningful angle redolent of exhaustion and beat, to a straight plane/plain speaking of....nothing): there's your story.