Not necessarily. For example, you can make money by writing a review of a book that includes quotes from the book; that is considered fair use. But if you make money by publishing a book that consists solely of quotes from other books that others have copyrighted, on the grounds that this assembly of quotes from other books might be useful to future authors, that would not be fair use.
To me, the latter scenario is much closer to what Github is doing with Copilot, which is one of the things the plaintiffs are alleging violates open source licenses.
Comments
Not necessarily. For example, you can make money by writing a review of a book that includes quotes from the book; that is considered fair use. But if you make money by publishing a book that consists solely of quotes from other books that others have copyrighted, on the grounds that this assembly of quotes from other books might be useful to future authors, that would not be fair use.
To me, the latter scenario is much closer to what Github is doing with Copilot, which is one of the things the plaintiffs are alleging violates open source licenses.