User blog comment:KyleH/Introducing: Magazine Creator/@comment-20644-20091027034612

@Michael - the service is providing a user with a direct reproduction of the fair use image and charging them for it. The printer would be getting money based on the service, yes, but they would be getting money based on the service of providing the content. The difference between that and the generating of ad revenue based on articles with fair use images is that it's astronomically difficult to prove that the fair use content is actually a factor in the ad revenue because the ad revenue is all about hits, and the hits may have absolutely nothing to do with the fair use images. People may not be going to those pages for the images. That allows for the "purpose and character of use" defense. That's opposed to purposely using the fair use content in the magazine and charging a fee for the service of providing a reproduction of said content.

@Enkrona - yeah, sorry if we're confusing you. It's a lot of legal stuff, lol.