Safeway and Alfred Bell v. Catalda

Via Ben Golant, this Cake Wrecks post indicates that Safeway attempts to stop intrepid bloggers from taking pictures of their disasters (scroll down for a funny, NSFW Halloween example) by claiming copyright even on masterpieces like this one:

So, apparently they are taking seriously Judge Frank's instruction:

A copyist's bad eyesight or defective musculature, or a shock caused by a clap of thunder, may yield sufficiently distinguishable variations. Having hit upon such a variation unintentionally, the 'author' may adopt it as his and copyright it.

Though I'm tempted to ask how long that thunderclap lasted, in this case.