buddhapi
I'd thought about that way of looking at things before. But by the same token, it also occurred to me that it can be useful to point have a record that shows that Carner is participating in discussions about the "Photo-posts-at-Webshots->stuff appears on wall paper site-> Photos representatives sue mopes" path. In my view, ethically and morally, a photographer whose business model results in his own enrichment at the expense of the mopes in this scenario is being rewarded for unjust enrichment-- and I don't think copyright laws should permit this enrichment. (Whether current copyright laws make this enrichment lawful I cannot say. But I don't think such a situation would be fair. )
Having him engage in such discussions in public means afterwards he can't later claim to have been unaware of this path exists. This means going forward, if he doesn't want to be seen to be unjustly enriching his business, he ought not to permit his company to get involved in any suits involving images that were listed previously listed at Webshots or places that permit similar practices. Moreover, he should advise his clients that if they list images at places like that, he will not spend his company time or resources sending out DMAC's to places like Go Daddy or pursue lawsuits against "mopes" for any image that has been listed at a site like Webshots.
My hope-- of course- - is that courts will also not reward this sort of practice and will not levy fines against businesses who are duped into believing the images are free and then unknowingly use them (i.e. become "mopes" in this scenario.) If courts act as I hope, I suspect Carner's company will follow the practice I advise because doing otherwise will hit his company in the pocket book.
But-- I also think-- making sure Carner has been made aware of that a business model appears to include a "Photo-posts-at-Webshots->stuff appears on wall paper site-> Photos representatives sue mopes" path at least means that -- in future-- judges might consider the fact that the company representing phographers is aware of the path. Also, it could make congress-critters aware, and that might influence modifications of copyright to prevent the possibility of unjust enrichment of photographers who might be tempted to exploit this path.