[aubanel]

Thank you, interesting! I don't know that much about Fair use: if I understand well, the key is that the use should be "transformative", right? Am I correct in understanding that: - if the original "This is fine" meme was under copyright, the dog picture would be exempted from copyright by Fair use as it's a transformation - here it's not even needed since the original is not under copyright ("this is not a derived work")

[chris_wot]

It was a batshit insane decision, and a wrong one. Also: Commons doesn't allow for Fair Use images, so actually the decision was made that this wasn't transformative as it wasn't a derivative image.

You tell me if that was a derivative image or not. I argued it was, and the argument was completely ignored.