Shane, I'm not labeling it a fake from the photo, I would label it a fake if the band that is pictured was on the cigar, although that question still hasn't been answered. You are correct, one can't really tell much from this picture other than it is a badly damaged cigar. It would help if we had proper dimensions and closer shots of the cigar. The band may very well be legit but it, as you well know, doesn't belong on a cigar that is supposedly 40 years old. If the band was on the cigar and passed off as a 40 year old cigar, something smells.