Kind of Screwed - Devil's Advocate Edition

Andy Baio’s 8-bit version of Miles Davis’s seminal album is pretty interesting. Not really my style, but it’s very well done. Unfortunately, he has hit a really big legal snag. Jay Maisel, the photographer who took the cover shot of the original album, sued Baio over the altered cover he used. In order to avoid a drawn out and expensive legal battle, Baio settled for $32,500. The Internet has collectively flipped out. 

Here’s what I wrote on the Hacker News story about it:

What would the reaction be if, for the sake of argument, EMI took a photo that a small independent photographer made, ran it through what looks like a basic Photoshop filter, and slapped it on the next Coldplay album? Internet outrage right? 
And then what would happen if the photographer sued EMI and Coldplay, and won a $32K settlement? I’m guessing the Internet would either be satisfied or angry that $32K is too little for such deep pockets.  
I understand and agree that Jay was too vicious in this, but how is he in the wrong again?

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