Goldieblox vs The Beastie Boys

dave had a video to watch said
1

Time to play armchair judge! How do you weigh in on whether the Goldieblox use of The Beastie Boys' Girls song (with rewritten lyrics) in their commercial is fair use?

Over at waxy.org, Andy Baio put together a great collection of what's myth and real, and what's known and unknown about the potential case so far.

The responsible thing is to not try to pretend you know the full context and make amateur guesses at how it's going to turn out and what will happen. But that's no fun, so let's just act like we know what's going on, and guess away here!