Google Image Search limits

There is a story in the Mercury News today about Google losing lawsuit over nude photo links. The story is very interesting if you dig into it. The only reason the judge ruled against Google is because the other company, Perfect 10, has business deals to sell these images. If there was no business plan to sell these images, they would not be protected. This seems strange to me. I guess my copyrighted photos are not as important as other copyrighted photos because I am not selling them. I feel that is crappy.