#2 Wronghaven picked a poor means this time. That particular photo was used a multitude of times for editorial review of the photo itself, which goes a big way to establishing fair use.
It works in the same way that critics can review a movie without violating its copyright, as long as they use brief excerpts and or pictures, then comment on them.
To make matters even worse, they are using this same supposed photo infringement against a company that has a DMCA agent. In that case, they are required by law to send a take down notice first, and they didn't.
So if Duke could get his case piggybacked on that case, he is home free. |