Idea for a Class Exercise

By day I fight the good fight for the members of my bargaining unit. By night (and all hours of the day really) I teach Business Law online for Franklin University. In the last week of the class, one item they learn about is the "fair use" exception to copyright law. Tonight, in my bid to be as nosy as the next person and see the picture of Shiloh Nouvel, I found it on Gawker.com, which had reposted all the legal correspondence it received regarding said posting. Gawker.com is making the argument that the posting of the thumbnail constitutes a fair use. Obviously Time, Inc. disagrees. Heck, tomorrow it really won't matter as the issues of People and Hello! will be published with the real pictures. I think it'll be interesting to see how the students handle the issue.