Yet a painted replica of the photograph was apparently original enough to win a prize and be put up for sale at a gallery.
This decision is completely absurd, so there must be some reason why the court decided the way it did.
The explanation that a Luxembourg judge at a Luxembourg court decides in favor of a Luxembourg man who just won a Luxembourg price and is represented by a popular Luxembourg lawyer just sounds very plausible.
Judges are humans too, and they are not infallible, so it seems plausible that this has something to do with the decision.
What seems most plausible to me, is that we, aliens to Luxembourgh copyright law, outsiders to the court case, unaware of the actual text of the ruling, jump to unfounded conclusions based on our gut feeling and superstitions.
Maybe there is something in the proceedings that explains the absurd ruling, but I really doubt it. We'll see how the story plays out. I don't think this judgement will hold.
Luxemburg is not some random backwards country
If you're going to claim racism and "anti-american bigotry" "plausible", you need a bit more than just a rando on Twitter making such claim. Who's the person tweeting what you quoted? You don't know. What's the exact ruling? You don't know.
Accusing a court of racism against 'asians' and 'anti-Americanism' is a serious accusation.
Not only that, but you are finding 'plausible' a collusion between the lawyer and the judge who made the verdict? it is simply preposterous, not "plausible".
This is an article that goes deeper into the court decision, without resorting to identity politics (in French).
https://www.tageblatt.lu/headlines/affaire-dieschburg-zhang-...
Basically it says that in that specific country, photographs that do not demonstrate some degree of originality aren't protected by a copyright law from 2001 (when it comes to plagiarism which is obvious in that case).
> As a Luxembourger, I am sadly not surprised by this. Dieschburg's lawyer is a well known figure (and well respected by many) with a solid amount of anti-American and racist bigotry.
> As an Asian-American woman, being up against a white Luxembourger, with the country's most prominent lawyer, on a Luxembourg court with a Luxembourgish judge, the outcome was almost inevitable.
https://twitter.com/mezoliad/status/1600705700023656448