Don't count on other judges coming up with the same decision given virtually identical facts. The kiss of death is a defendant saying that he/she saw the copyrighted image and then made his/her own version of the copyrighted material. The judge will hear that as, "I copied the photograph."
Teru Rinshou (Jan 29, 2012 at 14:52:48 GMT) outlined what should have been the backbone of the defense.". . . none of the defense lawyers had the common sense to type "london bridge, red bus, black and white" in Google images".The testimony should have been that I saw hundreds (or whatever number is realistic) of "London bridge, red bus, black and white" pictures and I have no recollection of seeing the copyrighted photo.
I lost a copyright infringement case when my client insisted on saying that he had a copy of the copyrighted material but.....".