Brock Weller wrote:
Because a fair use image is fair use whether theres a rationale listed or not. That's demonstrated by the commentary in the article it's in. We require fair use rationales because we are more restrictive on their use then the law (and rightly so). Un-rationaled fair use images are against our policies, copyright violations are against the law, period. Hence the difference in actions.
The excerpts found on BJAODN are arguably fair use as well. I don't see a major difference.