[hirsin]

There must be a limit - otherwise video games like Grand Theft Auto could put photos of say, McDonalds, in their game and not break any laws. I'm not sure where I sit on whether that's right, but currently they shy away from it for a reason.

An interesting corollary may be use of products in TV - at what point does everyone using a MacBook or Windows (and then having problems with beachballs/blue screens) count as copyright infringement?

[GFK_of_xmaspast]

There's a gap between "we can legally do this" and "we can legally do this but we don't want to spend more money on lawyers."

[hirsin]

I suspect that's the biggest reason - lawyers are easy to throw at problems, getting answers from them is hard, especially with settlements.