Also, there are many different kinds of uses, some commercial-y. Here are a few:
- Display on Twitter itself (retweet)
- Use in a news story, near an ad
- Display in a Twitter widget on a web site
- Embedded Instagram photos on a company gallery page
- Use in an email ad campaign
- Use on a billboard
The list of things above exist on spectrum of "commercial-ness", and reasonable people can disagree on which they think are OK and which aren't as far as obtaining advanced permission. What many would like to see are much more explicit rules or technical controls so that the ambiguities are removed.
Embed controls might not be ideal from a fair use perspective, but it's a lot better than the "let the courts figure out" situation we have now.
If you're not doing a fair use, then maybe you shouldn't have the right to embed so freely.
I don't see how a no-embed policy hurts anything.
As a user I want the right to embed any publicly available work for purpose of commentary, as long as I'm doing it non-profit. Yes, if someone posts a public photo of their kid, I want to be able to embed it on my non-profit website (if I run ads, go ahead and sue me) to comment about that absolutely awesome/awful photo I've just found. Disabling embedding wholesale is throwing baby out with bathwater - it's hurting cultural development.