It has survived on crackberry for over a year and a half now. I think if they had a problem with it it woulda been removed from there a while ago. I'm not trying to get into an argument, maybe it shouldn't be discussed here, but I'm sure that crackberry has very similar rules as here (if not identical since they are both SPE) and if it were in violation it would've been removed.
I looked through the first 13 pages (which spanned about a two week period) of that thread looking for a mod's comments on it and saw nothing. The thread is still open.
Again, I'm not trying to argue for or against fair use, I'm just saying is all.