And it's all bollox. Fair use does not apply to Free Republic; if it did it wouldn't have had to settle with the WaPo and LAT. Go the the Stanford University Copyright and Fair Use Center and do some reading. Then look over the Terms of Use Agreement you made with Free Republic.
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If fair use didn't apply to FR, why didn't the judge rule it didn't? The fact that there was a settlement cuts both ways.
Because there was a settlement before it went to trial.
I'm not going to argue the matter with you any more.
If you see a thread started by me you will know that in must cases it will be an exerpt with a link, so caveat lector.