Perhaps if the moderators at Scans Daily had actually done their jobs and kept the scanned pages to a level that could be regarded as Fair Use none of this would have happened at all.
Sadly, no one's sure what 'fair use' is in this case, legally. I'm sure Marvel lawyers have one standard, everyone else another... *lol*
scans_daily's mods DID do their "jobs" in setting a limit at 50% or less of any book could be posted. From what I hear, in their new incarnation they are reducing that to a third or less as well as adopting suggestions made by Gail Simone regarding content and creator's concerns into their "official" rules of the site.
But from what I had seen there, there were very few posts that contained the max pages from any newly released title. More often than not, people scanned in a single or small number of panels that seem funny to them taken out of context. Much like the Superdickery site does. And there was also a bit of fan-art. One recent funny one was a shot of the Justice League in the style from the cartoon all sitting around a table playing strip poker. Wonder Woman and Hawkgirl were topless, Batman and Flash were also both shirtless (Bats had a big grin on his face) and Superman and the Martian Manhunter were both fully clothed also with big grins. Diana and Shayera were complaining to each other "Superman is using his x-ray vision on our cards." "And J'onn is reading our thoughts." And then there was a Bizarro version of that same panel, only the Bizarro girls both still had perfect racks. Some funny stuff.
From my point of view here, no one really did anything wrong on either side for the most part. S_D was using what they believed was fair use of the material for comment and analysis. Marvel exercised their rights under copyright law. The only wrong bits are telling someone to die in a fire and PAD not taking the responsibility for setting the ball in motion after he admitted kicking the damn thing. The first one should have kept their mouth shut. And PAD should have as well if he didn't want to accept that his action on the matter led to nuking the site.