I think the issue was more that the plaintiff claimed a copyright on each page but the defendant had copied the photographs and descriptions. Having only read this one decision it sounds like the Judge had dismissed the case once without prejudice to allow the plaintiff to restate their claim to include copyright violations for the specific material that was copied (the photographs and descriptions) but the plaintiff failed to do so. The opinion then says that a photograph merely appearing on a site doesn't mean the website claims ownership of the photo. Since the plaintiff made no claims of ownership over the copied material they can't sustain a claim of copyright infringement.
