the hanseatisches oberlandesgericht decided in favor of pusenkoff, since his processing had so alienated almost all core elements of helmut newton's photograph that there was hardly anything left that reminded one of newton's work of art. the court went into detail about the differences in newton's and pusenkoff's works. the judges argued that newton's metier is that of a photographer who primarily works with light. in contrast, pusenkoff profession is that of a painter, his field of work is the surface. while newton is concerned with the objectified representation of eroticism, none of this is visible in george pusenkoff's work. in his picture, the woman depicted in the nude can only be seen as a silhouette, the yellow square hides her naked shame, the color blue is clearly perceived as a reminiscence of yves klein. while newton insisted that the special pose in which the woman can be seen in pusenkoff's painting "power of blue" was identical to the one in his photograph, the court declared that merely the posture and pose of a photograph were not protected by copyright.