So it is ok to make 250K/ year by posting articles as long as you make it through donations, but if you charge a monthly fee then it is not ok to make 250K/ year?
from the point of view of the copyright owner, someone else is making money off of their work. It really does not matter to the owner of the material if the money is received through a subscription fee or through donations. It could be argued that without the articles posted here the way that they are that the donations would stop or at least be diminished.
I am not saying I agree with the courts ruling about fair use, but Free Republic has gone through a law suit that makes the matter very clear from a legal point of view.