Comment Re:'Fair Use' is not sufficiently well defined (Score 4, Interesting) 194
The problem with your argument is that fair use is not a right. Instead, it's a defense against infringement. Even if something is within the boundaries of fair use, no one is required to respect that...it only protects you from being liable for infringement. So when someone (or some machine) denies that fair use, there's nothing legally wrong with doing so.
The problem isn't (yet) with the definition of fair use, it's with the lack of protection of fair use as a right. For the purpose it serves, fair use is defined well enough...it describes enough to explain the intent and purposefully leaves the interpretation to judges and juries. To protect against cases like the one in the story, we need to first make it against the law to deny fair use...then we can worry about more explicitly defining what is and isn't fair use.