[madeofpalk]

Yes, he does.

> content that’s already on the open web, the social contract of that content since the ‘90s has been that it is fair use. Anyone can copy it, recreate with it, reproduce with it. That has been “freeware,” if you like, that’s been the understanding

Sure, it's his belief, but this statement is completely incorrect. The words that he's using mean specific things, and he's just got it wrong. You would expect he's smart enough to know this, but 'it is difficult to get a man to understand something, when his salary depends on his not understanding it'.

> That’s a grey area, and I think it’s going to work its way through the courts.

It's not a grey area. Putting up a robots.txt doesn't change copyright, and it certainly doesn't make it a 'grey area'.