Preemptive lawsuit artist Fairey brought against AP

As I read about this lawsuit and how it came to be, I wonder about ethics. Mr. Farley took this picture and knowingly changed it. I understand that it may be OK to do so but I still wonder if it is the right thing to do. AP obviously wanted to make money although they lately masqueraded their intentions as trying to help those in need. I just don't buy it, but the question of doing the right thing still remains. Putting aside ethics, it may be a valid victory for those who may want to use pictures, media, and copyrighted material but are frustrated with the greediness of those who control them. They may never use it again or may not be important to them, but the moment someone else puts his eyes on them, it becomes the most valuable asset to them. I like Mr. Garcia's point of view because although he took the picture he recognizes the art Mr. Farley created. If Garcia is not bothered, why should AP be involved?