Following discovery (the phase of litigation during which factual evidence is gathered), MRC filed a motion for summary judgment asking the court to find that it did not infringe Philpot’s copyrights because it used the photos for purposes of news and commentary and those uses constitute fair use under U.S. copyright law.
Now this is an interesting case, illustrating the complexity of Fair Use. But couldn't all news agencies claim that same thing, then? In other words, they can just use any CC Licensed work without attribution?