If we really wanted to be nutty about IP law we could
have taken down all the Abu Ghraib photos, as they
were put up only on a prima fascia claim of public
domain -- which assumed that the models/photographer's
claim of "official duties" would stand in court. AIUI,
according to military law rulings, those soldiers were
not performing "official" duties. :) Would we need to
go visit the photographers in prison to inquire if
they want to release them under PD-GNU-CC?
I thought the doctrine of equitable estoppel prevented a party from making
one claim in one court case and then making the opposite claim in another
court case.