This is my favorite part, and could be significant in the future as a citation supporting a broad fair use of published online comments, regardless of ToS. Eac

This is my favorite part, and could be significant in the future as a citation supporting a broad fair use of published online comments, regardless of ToS. Each of the four factors either support Defendants’ fair use defense or are neutral. This is unsurprising. In an age of blogs, listservs, and other online fora, a person’s short comment in cyberspace is frequently quoted in its entirety as others reply or forward it elsewhere. It would be strange, dangerous even, if every such quotation subjected the copier to liability and a federal lawsuit. Such heavy-handed tactics are akin to using a cannon to kill a mosquito; they carry the same attendant risk of collateral damage by chilling free speech. A free and vibrant democracy depends upon the unfettered exchange of ideas.