Based solely on my reading of the fair use wiki page, I don't think this suit has merit based solely on the "Effects upon work's value" factor to evaluate fair use.
The court not only investigates whether the defendant's specific use of the work has significantly harmed the copyright owner's market, but also whether such uses in general, if widespread, would harm the potential market of the original.
Based solely on my reading of the fair use wiki page, I don't think this suit has merit based solely on the "Effects upon work's value" factor to evaluate fair use.
Hopefully it's going nowhere but I haven't seen a fair use defense succeed on this alone.