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RockSolidWes - 5:48 pm on May 14, 2008 (gmt 0)
Courts have found that a toolbar can block certain code from firing – altering the work slightly different from the publisher’s initial design. If this goes to court, I’d argue how this code adjustment significantly changes the market value of the original work. There is no set limit to how much you can copy in the realm of fair use, but they do consider, in commercial cases especially, the financial affects of so-called ‘fair’ use actions.
Fair use allows for minor modifications of all copyrighted works – whether commercial or educational. They will argue they are making a minor commentary to the published work. In addition, we have precedence with pop-up ads.