[schoen]

Hi VonGuard,

> and considered fair use

The 1201 exemption process doesn't adjudicate whether things are fair use in a way that's binding on courts, although the Copyright Office does believe that it has to express some opinion about that the uses it approves are noninfringing. But a court doesn't have to agree with that substantive question: if someone sued you for running the server they could argue that it's not a fair use, and the court that they sue you in isn't bound to agree that the Copyright Office was right to view it as noninfringing (or that this is true in the particular circumstances).

[VonGuard]

Thanks for the clarification Schoen.