User blog comment:Semanticdrifter/Understanding Fair Use/@comment-4519283-20121202235914/@comment-1025281-20121208142430

A basic rule with legal matters of this kind is to consider likelihoods. It's not possible to declare with certainty on the facts whether something is legal or illegal until it is brought before the Court. My impression is that it is more likely than not that the Court will consider transcripts of this kind to be fine, per my previous comments, and if Viacom's lawyers agree with me, then there should be no DMCA notice. Of course, I don't rule out that they could still issue one even if their lawyers think that their claim wouldn't hold in a court case. However, in civil law like this, it's also important to note that companies won't issue notices or make any legal threats unless they feel they have profits to lose. I'd argue that they don't feel this way, as the moving image is so central to "getting" Avatar, and the vitality of fansites has helped the series build a remarkably resilient fanbase. And really, there's no indication that they feel this way. Transcripts of Avatar episodes have been online on well-known fansites for years. None have been told to take them down. So basically, I can't rule out a future DMCA takedown notice. However, I do consider the possibility to be sufficiently remote that I'd say that commenters here should probably calm down. :P