NXIVM Corp. v. Ross Institute - Wikipedia
NXIVM Corp. v. The Ross Institute, 364 F.3d 471 (2d Cir. 2004),[1] was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained.[2][3]