Flickr photo use

I've been asked a few times for permission to reuse a flickr photo of mine for another publication. My CC license allows anyone to use my photos in a non-commercial way as long as they attribute the photo to me. If you want to use it for a commercial purpose, just ask, I'll probably say o.k. and not ask for any money. But, what happens when a photo is used in a commercial magazine, without permission, and without attribution. Lawrence Lessig has the story of one such flickr photo and Autoweek magazine.