> Or do the courts not really care at all how something is made? One of the fair use factors, which until fairly recently was consistently held out as the most

> Or do the courts not really care at all how something is made? One of the fair use factors, which until fairly recently was consistently held out as the most important fair use factor, is the effect on the commercial market for the original work. Accordingly, a court is more likely to find that something is fair use if there is effectively no commercial market for the original work, though the fact that something isn't actively being sold isn't dispositive (open source licenses have survived in appellate courts despite being free as in beer).