re: #450 buzzsawmonkey

“Fair use” is a defense against an accusation of infringement; basically, it means that if you are accused of infringement and can prove that your infringement is for one or another limited social good (education, commentary, parody) you are permitted to get away with it.

In other words, it’s not a principle that “you get to use” something—it’s an invisible hand holding the Sword of Damocles in abeyance.

In my job, I work closely with corporate attorneys to guard our intellectual property and yes, ‘fair use’ is used for defense typically by those violating our trademarks even when it’s clear that they wish to create market confusion.