[micks56]

First, I can't say that I am surprised my post currently sits at 4 downvotes here on HN. A programmer's work is sacred while a photographer's is not.

Use some common sense? Baio absolutely published the photograph, which is why we are all having this discussion.

It doesn't matter why people buy something or if it had an impact on sales. A copyright holder retains the sole right to publish a work and its derivatives. That is the essence of how we protect works of art fixed in a tangible means of expression.