You could make the same argument for piracy and remix culture (e.g. sampling parts of songs to make new music). Yet for both of these the law situation is not p

You could make the same argument for piracy and remix culture (e.g. sampling parts of songs to make new music). Yet for both of these the law situation is not particularly great. Currently the argument seems to be that "learning" is sufficiently distinct from both of these but code hosting websites tend to still explicitly carve such rights out in the user agreement because the line is a bit blurry.