The reason Google won that case was the context the image was used under and one other key reason. They're using it under the context of directing users toward the content while also directly linking to the creator's version of that photo, but site owners have the option to prevent that. In that case the issue was/is the fact they also give content creators the option to not have their image crawled or included in their listings, which I believe Perfect 10 failed to do. Then it falls under the DCMA where you can request removal of the content, which the user would have to comply or in this case, get the image delisted. So that you can do, but you're not going to receive monetary damages and that's how Google gets off the hook for that. It's a pain because it's an extra step content creators have to take, but that's the way it goes if for whatever reason you don't want a link, content, or photo listed in a search engine. But someone posting a photo that you or I took on their site, or Twitter, Facebook, etc. with no link and no credit isn't fair use.