to be honest, Unless the guy who took the photograph is making money off the photograph, why are they taking him to court? would you see metallica taking a school band to court because of their recreation of enter sandman? no, but if they were at a concert then yes, the band have every right to take them to court, same goes here really, but even though different cameras were used, different angles were used, i see some similarities but at the end of the day, it's a photograph, anyone could take the same picture, but only the person who turns up at the patent office gets the rights to make money off it.