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Message: <blockquote data-quote="Steve Conan Trustrum" data-source="post: 7674466" data-attributes="member: 1620">You think that, given dilution of the copyright / trademark's commercial value is one of the more common ways Fair Use claims are shot down, his status as a professional in the relevant industry won't be relevant? You honestly think the context is the same as though he had no published credits to his name and was a car mechanic?Defending copyright infringement based on Fair Use is all about convincing the judge or mediator about how the copyrights are perceived. There are no actual percentages or stated thresholds of pass/fail in this section of copyright law. It's VERY subjective. That being so, I imagine EA's lawyer would probably disagree with you about the relevancy of Don's status as an industry professional when Don's defense would be founded on his work being provided in a not-for profit, fan-based capacity.From all accounts, his work was VERY professional in terms of its quality. If you want to be entirely true to the term, yes it was professional because Don is a professional at creating games -- he gets paid for doing so. The question is perhaps best asked in terms of "should the general ENnie award categories be about COMMERCIAL products or all products?" to avoid confusion in the case of fan made material that is also made by professionals, such as Don. I'm not a fan of people using "professional" as a synonym for "commercial."</blockquote>