Nicely summarized here.
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Meta
Aaron writes “The MPAA?s lawyer responded that the non-fringing use had to be of substantial commercial impact.”
Is the MPAA’s lawyer correct? Why does the standard for non-infringing use only refer to commercial impact. Say I want to trade pictures of my toes with foot-fetish buddies. This is non-commercial, since I place no value on pictures of my toes, but it is however of substantial impact to my community. Isn’t it?