The Free Republic case -- interesting free use question

The Free Republic is a web site run by two disabled but politically interested people.

It claims to be non-profit and non-commercial, but does accept advertising from "sponsors". The owner says that last year's revenues were $500. Most of the ads appear to be politically oriented.

What it principally has is politcal discussion, largely from a right wing view. ("Sniveling liberals urge end to Chinagate probes" is a typical topic )

A representative part of the site is at:

   http://209.67.114.212/forum/t1000208.htm

The method of operation is that a user of the site using a cgi-form posts either a thought of his own, or a news article. Other users then append comments on the article or the issues it raises. It is a more os less familiar "topic-comment" form that is common in many places on the web. Sometimes the comment is interesting, sometimes it is juvenile.

The news articles that are posted are often posted in their entirety. They include talkshow transcripts, magazine articles, online press, press releases etc.

They frequently nclude postings from the Washington Post, New York Times, Newsweek, LA TIMES, Wall St. Journal, Roll Call, Capitol Hill Blue, Time, etc. Most are immediately recent articles though historical articles are occasionally posted.

Last week the owner was sued by the Washington Post, Newsweek, and the LA Times for copyright infringement, the claim being that both the full reproduction of articles and framed links to the articles violated copyright.

It seems a very interesting case. Though one might disagree with political commentary that labels Clinton, Gore, and Bowles the "triplet perverts", the site reflects the core First Amendment value of political speech. The conflict with copyright law is stark.

I find it pertinent that articles posted are oftent followed by commentary on the article (usually derogatory<g>) as well as the news.

I also would think that it would take a brave media conglomerate lawyer to sue a couple who are both in wheelchairs, one from muscular dystrophy and the other from a stroke.

Any thoughts or comments of how this site would fare under free use? Any comments on how it ought to fare?

-- 
Regards,

John Lederer	
Oregon, Wisconsin
<johnl[_at_]ibm.net>