1. Discontinuous coding span, Indeed, the Second Circuit has held "there is a strong presumption that factor one favors the defendant if the allegedly infringing work fits the description of uses described in section 107," including "criticism" and "comment;CU9Wright v. Warner Books, Inc., 953 F.2d
2. Accordingly, courts have regularly found fair use after holding that the purpose or character of an allegedly infringing work was criticism and/or comment. See, e.g., NXIVM Corp., 364 F.3d at 482 (affirming district court denial of preliminary injunction after finding that defendants' allegedly infringing writings were "undoubtedly transformative secondary uses;factor one will normally tilt in the defendants' favor.") (internal quotation omitted)