Poor Judgement

What happens if you sue some gossip magazine who took all your Non-Commercial-Use Creative-Commons licensed photos from your Flickr account, then published them to make a profit? Apparently, the magazine gets told that they are very naughty, and will be given an incredibly minor fine if they do it again. So Creative Commons stands up in court, but this judgement means it’s effectively useless in practice. Great. Also, said magazine is apparently allowed to publish details of your child’s school, and the transport methods s/he uses to get there and back, without any punishment at all.