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For what it's worth, I think I agree with this decision, and I should have said so earlier.

We discussed this case, and whether it is fair use, last weekend on my podcast "The Non-Prophets." Opinions were split, but it definitely seemed to be a gray area. Fair use says that you can play a clip from a song for the purpose of either critique or parody, and this strikes me as if you could argue either one.

It's fuzzy because Stein is also using it as part of the soundtrack for a for-profit movie, which seems to favor the side that he ought to pay for it. But it's hard to point fingers when I play songs off my iPod all the time as intro music for my show (albeit a free, unpaid show) .

I don't know which way this will go, but it will be an interesting look at how far "Fair Use" extends.
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