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Let's break out the timeline picture to go with this one...
This girl has been trying her case in the court of online opinion for about 4 months now, and at each step she fails to address the simple issues:
Did she put the image on the net at any time with any open ended licensing (such as creative commons).
Did she ever sell the image or grant the use of it to anyone ever?
My fear is that this girl has been so vocal not because she feels infringed, but rather because her case is weak and she is trying to force a settlement on a company that likely has no interest.
Example: Someone scoops the image. Posts it on a "open license" website, and sells the usage rights for a couple of dollars a shot. The guy doing the DVD design goes online, buys the rights for a couple of bucks, and uses the image.
Now, who is in the wrong? Everyone. But the girl needs to contact them (in writing) with proof that she owns the image and full claim that nobody else has the rights to the image, and I am sure the company would have taken the normal steps.
She took it public, and now she is getting slapped back.
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