[Arelius]

I think what the parent is stating is that even though the patent questions can have debate, once you settle the question "Is it Novel" as yes or no you can determine if the item is patentable... wheras for fair-use, the questions themselves aren't yes/no questions, and further, they are just used as balancing factors, so even if everyone agrees on "the effect of the use upon the potential market for or value of the copyrighted work" it's only weighed as a factor for how fair the use is, and broadly left up to the hand-waving of the particular judge.