[Deregibus]

Yeah, to be clear when I said “makes sense” I was referring to what allows for a functional ecosystem of Twitter, users, media, etc. and not a legal evaluation. IANAL and all that.

In this case wouldn’t your innocent infringement example apply? As I understand it there’s an implicit license to use the content of tweets via an official Twitter embed. That would mean it would be fine to show the image via an embedded tweet from the copyright holder, as they agreed to that by posting the tweet in the first place and presumably could revoke that right by deleting the tweet. So the argument would be that the media sites had the rights to republish the tweet and thus believed that the author of the tweet had the rights to the contents of the tweet (which they didn’t). Is that logic not applicable here or is it that a media company should know better and thus it’s not a reasonable mistake?

Also wouldn’t the DMCA be applicable here as the method by which the photographer could get the photo removed from Twitter?