If Mario did indeed use unlicensend images, then negotiate. But not only don't these people seem intent in wanting to negotiate, they want to take down a whole industry represented by Mario ---and that affects me and other bloggers who make a business of what we do.

What I am interested in addressing here is the problem of licensing for the web --the model is offensively outdated and does not take into consideration publications like blogs.

Also, I want to point out that Splash News and X17 have not done what they need to do in order to protect their copyright. They claim the have but they haven't --not now that YouTube and google have proven what you can do with EMBED widgets.