Back when Ralph flagged down Godwinson, PPP, and Null on DLive for showing his paywalled content, he asked Nick Rekieta for his opinion and Nick told him there's no case law to support the "putting stuff behind a paywall eliminates Fair Use", and in fact the current case law would point to there being no legal difference between a paywall or not for it.
EDIT: Just for clarification, this is what Rackets said to me in a DM on the topic of paywalls when I asked him, but he did clarify a bit when Ralph asked.
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