Absolutely right. I actually wrote about this at the time. [1] That CC has commercial/non-commercial variants probably add further to the confusion even if they didn't play into this case. As does the fact that the colloquial meaning of commercial is different from the meaning of commercial that's relevant to publicity rights.

[1] https://www.cnet.com/uk/news/more-commercial-creative-common... (Video autoplay, grr.)