[ScottBurson]

I think there are two issues here which we should separate. Yes, in an adversarial court system such as the one we have in the US, a severe resource imbalance between litigants tends to influence the outcome more than it should. Justice should be based on the facts of the case, not on the litigants' ability to work the system.

But as far as fair use specifically is concerned, I think fair use rights need to be protected and even expanded. I agree that Fox should not have been able to prevail in the example you mentioned. I don't agree that ABC's short clip of the video on question should not qualify as fair use.

But I suppose you could make the argument that imposing a narrow view of fair use on some large corporations could persuade them to lobby for broader protections. As things stand, I expect any lobbying going on about fair use is entirely on the side of restricting it.