Re:'Oumuamua could be a shard from a dead planet
by fnord123 on Tuesday April 14, 2020 @11:23AM
(#22867101)
It doesn't face plant on all four (there are no ads in the distillation so it's informational, original work is reporting of speculated facts, it is 0.6% of the whole, and as news orgs are losing money, this lost less money for NG Media than had I visited the original with my ad blocker). There is a strong case for all four. But it seems closeish to Folsom v Marsh:
https://en.wikipedia.org/wiki/Folsom_v._Marsh
Anyway, courts have seen more outlandish claims - and gone with them (Oracle v Google), so whatever.
Basically, if you take the four criteria for something being fair use [1] in the US, which isn't the end-all, be-all of analysis but is a darned good start, this absolutely faceplants on all four. (And while it is technically up to the discretion of the judge, I'd say it's closer to an "AND" than an "OR" on the 4 criteria. You really, really don't want to be standing in front of a judge solid on only one out of four. This is to preclude the usual arguing about #1; even if I grant it, which I don't, it really isn't enough on its own.)
[1]: https://en.wikipedia.org/wiki/Fair_use