Would using eye tracking software fall under "commentary" for cases of Fair Use in the United States?

Would using eye tracking software fall under "commentary" for cases of Fair Use in the United States?

People have different interpretations of what falls under fair use, with significant debate (and some court cases) on where the line should be drawn. I was wondering what people think Eye-Tracking software would fall under.

Example: A youtuber uses eye tracking software to display what he looks at while he watches various clips. He does not speak but the he is able to communicate (to whatever extent possible) to the audience with this eye tracker software.

Would such an example (or a similar one) fall under the definition of comentary for Fair Use in the United States?

Let me know what you think.

Big McThankies,
🐾

• Yes, absolutely.

• No, absolutely not.

• Let precedent decide.

• Yes, but i'm willing to change my mind.

• No, but i'm willing to change my mind.

• Everything should be free game.

• Nothing, unless you own it, should be able to be used.

• I dunno.

Answer the question at dpoll.xyz.