I agree. In one of these cases, someone who'd made $6 on his blog was being sued for $150,000 although the report did say they'd never succeed with that level of claim. But the legal costs alone would be more than $6. The commercial thing is tricky, because I'd argue that it's editorial, not commercial, but most editorial IS commercial, so when there's no distinction on the contract, you've got to assume it's deemed commercial, to be safe.