I didn't mean "you" specifically to mean you. Fair use is such a grey area that no one can make blanket statements about what's fair in such cases. It has to be decided in court based on specific circumstances. What I posted are just things that influence the court in deciding whether an infringement occurred.
Yeah, I pretty much agree here. I think if one of the "kids" caught downloading actually went to court and the whole "why were they downloading and what did they use the songs for" thing came out in the open, the RIAA would be laughed out of court.
But to most people, the $3,000 bucks looks much to tempting compared to the other choices.
At this stage in life, and having won in court against attorneys myself, I'd be more than happy to fight it in front of a jury and represent myself.
The key phrase is, "in front of a jury."