discussed Cited "see" Bill Graham Archives, LLC v. Dorling Kindersley Ltd. See American Geophysical Union v. Texaco Inc., 60 F.3d 913 , 929 n. 17 (2d Cir.1994) cert. dismissed, 516 U.S. 1005 , 116 S.Ct. 592 , 133 L.Ed.2d 486 (1995) (noting that “were a court automatically to conclude in every case that potential licensing revenues were impermissibly impaired simply because the secondary user did not pay a fee for the right to engage in the use, the fourth fair use factor would always favor the copyright holder”); see also Princeton Univ.

discussed Cited "see" Sega Enterprises Ltd. v. Maphia See American Geophysical Union v. Texaco Inc., 802 F.Supp. 1, 14-16 (S.D.N.Y.1992), aff'd 60 F.3d 913 (2nd Cir.1994), cert. dismissed— U.S.-, 116 S.Ct. 592 , 133 L.Ed.2d 486 (1995) (no fair use where scientists photocopied publication to avoid cost of purchasing additional copies from publisher).

discussed Cited "see, e.g." UMG Recordings, Inc. v. MP3. Com, Inc. Here, although defendant recites that My.MP3.com provides a transformative “space shift” by which subscribers can enjoy the sound recordings contained on their CDs without lugging around the physical discs themselves, this is simply another way of saying that the unauthorized copies are being retransmitted in another medium — an insufficient basis for any legitimate claim of transformation, See, e.g., Infinity Broadcast Corp. v. Kirkwood, 150 F.3d 104, 108 (2d Cir.1998) (rejecting the fair use defense by operator of a service that retransmitted copyrighted radio broadcasts over telephone…