Why do you think that? For-profit companies use fair use all the time. Its not unusual.
Yes, a usage being non-commercial can be a factor in favour of fair use, but its just one factor. Its definitely not a neccesary condition nor is it a sufficient condition.
> If the source was obtained from illegal sources IE illegal distribution of copyrighted materials does that not play a part ?
Why would it? That isn't really how copyright works. Its about the right to "copy" (or not to), not about distribution methods.
> Also will this set a precedent that if I download HBO's collection but don't seed or use for any commercial reasons it will be considered Fair Use ?
No. That's not the reason this is potentially fair use.
[Although as an aside it uses to be in Canada that only uploading was illegal].
Okay, but if there was no permission to "copy" the content by the owners. I wish I knew more about it all, but seems to me that quoting a snippet from a book while offering comment on it would be classic fair use. Consuming the entire collection for free to charge for transformative services really doesn't feel 'fair'.
And again I can't shake the feeling that if I did this, was brought to court. I would be laughed at for claiming fair use.
I still don't fully grok how Meta can legally download a pirated book as fair use when an individual doing the same would be deemed a criminal act.
It would seem that Meta still don't have the right to make copies of books that they haven't paid for no matter what they do with it.
Copyright covers four rights:
The right to make copies
The right to distribute copies
The right to create derivative works
The right to publicly perform
I think you're conflating "fair use" with "non-profit", or at least nudging that direction. That's too simplistic. Fair use is a four-factor test, and profitability is not among the four.
Fair use can be for profit.
> if I download HBO's collection but don't seed or use for any commercial reasons it will be considered Fair Use
No, seeding is automatically not fair use. Leeching does not automatically mean its not fair use, just that it might be.
Fair Use is largely about reproduction (how much of a work you are allowed to copy and use, and for what purpose). It doesn’t deal with the legality of getting the work in the first place.