The whole example was about having exclusive rights so anyone that had the image must be infringing. That presumption is gone once the image is in the public domain.
The problem isn't that Getty is trying to license an image, the problem is Getty is contacting people already using a public domain image and trying to get them to pay them money to use it.
The problem isn't that Getty is trying to license an image, the problem is Getty is contacting people already using a public domain image and trying to get them to pay them money to use it.