Fair use analysis isn't some dispassionate, exhaustive analysis that's used to come to a decision. No, the judge makes a decision, and then uses the analysis to

Fair use analysis isn't some dispassionate, exhaustive analysis that's used to come to a decision. No, the judge makes a decision, and then uses the analysis to justify the decision. For a particularly stark example of how divergent the analyses can be to justify different decisions, read both opinions in Google v Oracle, which are almost diametrically opposite despite being written on the same facts.