But in USA, there are always a long string of appeals. In the mean time, they will hire people to sniff out reasons why he should lose the case.
(that was how Dominique Strauss-Kahn managed to wriggle out of his sex assault case).
The decision may be reversed by the next court. This is a game of who has deeper pockets. If the two big rich agencies lose again, they can afford it. But if the photographer loses in the appeals court, he is financially wiped out.