Via Sergio Muñoz-Sarmiento, I see that the New York State Court of Appeals has affirmed the dismissal of Erno Nussenzweig's privacy suit against Philip-Lorca diCorcia, discussed earlier here. The decision, which was limited to statute of limitations grounds, is here. Sergio doesn't seem to like the decision, but, while I agree that the statute of limitations ruling is pretty harsh, the substantive decision below -- that the use of Nussenzweig's image was protected by the First Amendment and was not for trade or advertising purposes -- seems correct to me.
You can see the photograph at issue here. The case has its own Wikipedia entry. Sewell Chan of the New York Times has more on today's decision here.
