The decision specifically and repeatedly states that
the commercial
aspect is irrelevant, as such a database "typically has a not
insignificant commercial value" – whether the images in this
particular case are or can be used commercially or not. See paragraphs
21 and 23.
//Johan Jönsson
--
Note that "not insignificant" = significant. The decision points exactly
that the commercial aspect is relevant, and the artists should have
participation on it.
"The court finds that the artists are entitled to that value"[1], this is
what the decision says, at least according to The Guardian. I couldn't
understand the original decision, even if i have had access to it.
What is found in these paragraphs you've mentioned?
CasteloBranco
[1]
http://www.theguardian.com/world/2016/apr/05/wikimedias-free-photo-database…