[gnopgnip]

Running an image on a website with ads doesn't necessarily make it commercial use.

A good way to look at it is like a newspaper. Using an image related to the content of an article is editorial, the primary purpose is to educate, entertain or inform. This is true even if for a newspaper that charges money. But using an image in an ad, in a way that endorses a product or creates a relationship or advertises a product is commercial use.

[celestialcheese]

That's an argument, and maybe one that could convince a judge. But good luck getting to make that argument for less than 6 figures in legal costs.

Which is why this scam is so profitable.