Maybe if I took the original I'd feel differently but the case seems rather crazy to me. Two people can photograph the same thing in a similar way and the first one can sue the other one for using the photo the second one took and claim copyright?
So Peter Lik (with the money and the lawyers) could start suing people that take panoramic shots of Mesa Arch or something else he shot before he went after?
Shouldn't Nike be free to take whatever shots they want of Jordan and use them for whatever they want to use them for? They could have just as easily had someone else do a similar jump, photographed them and used it for the Jordan logo. Would the guy who took the original shot still go after them because they photographed another basketball player who looked like Jordan and then turned it into a silhouette for the Jordan brand?