I don’t doubt the flaws of the legislation as it currently exists. But I still feel there is a value drain that is beyond the respect of anyone’s wishes. The most ready such counter example is the rampant ripping of CC licenced artistic works on sites like DeviantArt. So yes I agree that big content is making an overreaching power play, but at the same time this is temperd by the fact not everyone respects law or custom. And there is willing blind-eye when it comes to those who do not respect custom as you detail.
So if we agree on the respect of another’s works how then do we address this custom via law? There has to be some sort of compromise that can be reached here that addressess blatent piracy but leave room for fair use. The question is where is that space? I sense an unwillingness to address the fact that there are bad actors within your, or anyone elses, framework.
Let’s say that not everyone who engages in pirating is an unknowing dunce as you argued late last year, there are scofflaws and the question now becomes how do we address the scofflaws without targeting the legitimate fair users? The issue is far from black and white as both sides in this debate wish to characterize it one shade or the other.