Why do you say that? Commercial vs noncommercial use is a primary factor in the “purpose” prong of the fair use balancing test and a significant one in the “market effects” prong.
That a use is noncommercial is often a deciding factor in the success of a fair use defense. GP is overstating it though, since it’s still one of many factors.
That a use is noncommercial is often a deciding factor in the success of a fair use defense. GP is overstating it though, since it’s still one of many factors.