Cue Nelson Muntz...
I am glad they are getting their butts handed to them, but, it is too bad for the people who have settled already. They can’t back out of their agreements.
Without a RELEASE from TSA and the agent and the private individual this picture had no copyright valid for commercial use.
Obviously the Righthaven operation put that picture into play as a commercial venture.
End of story.
It's a bit more complex in the way the lawyers handled it, but Righthaven not only didn't have a valid copyright, the people they purchaed the rights from didn't have a valid copyright either, and that individual being patted down is probably owed damages for the failure to get his release.
Just like to remind folks that I made predictions about which way Righthaven cases were going the second I saw that photo!
Those predictions jsut came true.