How does truthout.org get away with reprinting all those articles?

Factual Questions
1

The site gathers in stories from the rest of the media and reprints them–it doesn’t just link to them, but reprints them in toto.

for instance, this article

http://www.truthout.org/docs_04/110904C.shtml

from The Atlantic Monthly; I went to The Atlantic’s web site to see the original, but it’s only available to subscribers.

How is truthout able to reprint all these? Is it paying some fee for use (I could find no “about truthout…” info. on their site that would shed light on this)? It seems beyond the scope of any definition of Fair Use. Are they just asking for a flood of cease-and-desist orders?

2

According to the citation in the footer on the pages, they’re arguing fair use:

I don’t see how it is fair use, since they are reprinting entire articles and, as you say, these are only normally available if you pay. I assume they just haven’t been sued yet. Or maybe they take down articles from a given source when they get a cease-and-desist from that source.

3

Thanks. Should’ve read the fine print.