[fatman]

My statement was an oversimplification, but you're right, Commercial purpose would weigh against a finding of fair use in a part of the 4 factor balancing test. Does that take "a lot" of the argument away or a little? Depends on what the judge had for breakfast that day, I guess. In my head, the direct criticism of the original work is a stronger factor, but that may be based off my own fuzzy memory of the cases and pro-fair use biases. I guess I feel that criticism should be protected as not only federal common law fair use, but even more strongly as First Amendment speech - if I remember correctly that is as of yet an unanswered question in the caselaw.