The image was put in public domain. No further exclusive rights are required to sublicense it. You are allowed to pick work from public domain and sublicense it if you want to.
The whole example was about having exclusive rights so anyone that had the image must be infringing. That presumption is gone once the image is in the public domain.
The problem isn't that Getty is trying to license an image, the problem is Getty is contacting people already using a public domain image and trying to get them to pay them money to use it.
Since they were not given exclusive rights, how could they know that whoever used the picture was infringing their rights and had to pay them a license fee? They didn't.
That is not how grammar works... . The point is about exclusive sublicensing. Of course, they are allowed to sublicense it, nobody ever questioned that, but that has nothing to do with the discussion.
You can't have a sublicense for something in which no licensing rights inhere to begin with. I think you understand this very well and are choosing to pretend otherwise.
bcrosby95|6 years ago
The problem isn't that Getty is trying to license an image, the problem is Getty is contacting people already using a public domain image and trying to get them to pay them money to use it.
bonzini|6 years ago
diffeomorphism|6 years ago
anigbrowl|6 years ago
lonelappde|6 years ago