Well, as soon as I create something, then I have copyright, while Creative commons is a way of 'giving away' bits of my copyright. At least that's the way I see it - so the Indy has indeed breached my copyright, because they haven't followed the declaration that I have made to allow some uses of my work outside the normal 'fair use'. And yes, 'nail 'em' is what I intend to do (or at least kick up a stink).