That's a good point, I didn't know about that functionality. I'm not sure the distinction that the database also contains other, unrelated, data and photos matter in this case.

Certainly the database that google has backing its mapping service has commercial value in a much more obvious way compared to the wikimedia public artwork database.

I guess that the licensing agency either didn't know of this function, or else started with the easier target.

My baseless guess for the outcome if they sue google is that google would win on jurisdictional grounds after five years of battle.