I see your point. It looks like it might have been a point that was misrepresented by the party who were suing - "Copytrack representative pointed out that “any license provided by Unsplash for this image is not valid.” Unsplash’s license doesn’t cover images of people “if they are recognizable in the Photos.” https://www.diyphotography.net/photographer-faces-legal-action-after-using-a-photo-he-downloaded-from-unsplash/