"Fair Use" is, as regarding copyright law, a very narrowly defined term
that does not apply to either this situation. The term "fair use" is most
often deliberately misused by those who oppose protecting intellectual
property as a "red herring" in any argument concerning copyright laws and
the EULA, because it sounds like something everyone should favor.
"Fair Use," as defined by copyright law, doesn't apply in any of the above
discussion. (It isn't even relevant, in this particular discussion.)
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TITLE 17 > CHAPTER 1 > § 107
§ 107. Limitations on exclusive rights: Fair use
Release date: 2004-04-30
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall
include—
(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above factors.
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For more information:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html