> The judge in this case seems to disagree with you, not accepting the premise that downloading the material from pirate sites for this use inherently gets the

> The judge in this case seems to disagree with you, not accepting the premise that downloading the material from pirate sites for this use inherently gets the plaintiffs an out from having to address fair use defense as to the actual use. This is a good point, as a reminder, the Folsom tests (failing or passing any one is not conclusive, they are to be holistically considered) are: - the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (Note also that whether or not the use is transformative is part of this test). - the nature of the copyrighted work - the amount and substantiality of the portion used in relation to the copyrighted work as a whole - the effect of the use upon the potential market for or value of the copyrighted work https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors