> In this article the rights of a photographer was successfully defended

The rights of the photographer was respected from the very beginning. The attribution was still there for anyone to see. The “problem” was that it wasn’t included in the thumbnail, because it unsurprisingly didn’t fit in.

> so the system is a least working in some cases

No, this case represents a spectacular failure to protect people’s right to privacy and fair use. Why this is the case is already explained throughout this thread, so I don’t think we need to repeat this here.