> Bad actors have free reign to threaten and intimidate fair use development. IANAL; I want to avoid calling the last example "fair use development", as "fair

> Bad actors have free reign to threaten and intimidate fair use development. IANAL; I want to avoid calling the last example "fair use development", as "fair use" — which is a copyright concept — is not being relied upon here: there was a license (the MIT license) issued with the code, with which the "{Developer}" was, AFAICT from the OP, obeying. I do agree that the development/use by "{Developer}" appears "fair" (in the more colloquial/common sense of the word), given the information presented.