Fastfission wrote:
This is why I consider our "fair use" policy in general to be preemptive -- it's a policy of announcing, "Hey, this is what we'll say, and we'll probably win, so don't even try it." It's as close as we can get, in the confines of the current copyright law, of being at all secure in these things, since "fair use" is only a defensive claim (you can't sue somebody for obstructing your "fair use" of their materials, as a counter-example).
This is very true, but there have been cases of costs being awarded when valid fair use claims were improperly attacked.
Ec