Thanks, I think that makes it a bit clearer. I’ve seen a lot of commentors simply screaming “Fair Use!!!” as if it’s an excuse for everything.
It reminds me of the Penny Arcade case. People kept arguing it was Fair Use, but the strip wasn’t parodying Strawberry Shortcake, it was parodying American McGee. Strawberry Shortcake could have been replaced by any other young female character and the target of the parody would have been unchanged. The same argument seems to apply here, although Goldiblox have the added issue of it being used for a commercial.
