Re: Fair Use
I'm not familiar with TVEye nor am I a lawyer, but if the company was providing full transcripts of the videos then they should have claimed a Federal exemption for providing Disability Services for the deaf & hard of hearing.
You can make a transcription of an audio feed so that the D&HoH folks can gain access to the material, you just can't deprive the IP owner of their ability to profit from their IP content.
It's the same part of the law that allows libraries to make a transcription of visual only media for use by the Blind & visually impaired.
If a book, magazine, or newspaper has an image then the library can transcribe it so us B&VI folks can have access to the same information (whatever the picture was about) as all you Sighted folks.
The library isn't depriving the IP owner of their ability to profit from their IP content, merely offering the content in an Accessible form.
If TVEyes were doing something similar, or at least claimed to be doing something similar, then things might have gone differently... at least right up to the point where the judge realized they were talkin' out their arses & tossed the case.
Again, I am not a lawyer & am not familiar with how TVEyes did things, so this is just my One-Fiftieth of a Dollar...