IANAL but I do believe one of the factors of Fair Use is whether you are competing with the owner of the copyrighted work(s) in question; "the effects on the po

IANAL but I do believe one of the factors of Fair Use is whether you are competing with the owner of the copyrighted work(s) in question; "the effects on the potential market." So if they're trying to make a case for or against IA's use of the copyrighted material constituting fair use, this seems relevant.