Well, judges will decide I suppose. But I don’t see a big deal even if they did scout it, intent is not as interesting as how and whether the art is used.
I sympathise if these artists mostly object to co-option of their public art for a luxury brand more than anything else. I wouldn’t want that kind of association, particularly if I felt my work was political or even overtly anti-corporate and anti-property, as graffitti often is (ironically, in this case) It’s aomewhat akin to artists not wanting their songs played at fascist rallies Republican campaign rallies. CC licenses seem to operate on this principle when they bar the use of open source material for commercial purposes
However, as a matter of protecting value, public works are most often commissioned and paid for then become public. To impose a licensing or control structure is a tough sell.
