tl;dr - the smartest legal scholars think about behavioral economics. There's a threshold beyond which navelgazing about statute is purely academic.

It just substantiates the media ecosystem in which survival means selling out so you have a war chest in case your opposition decides to sue over whatever.

In intellectual property "fair use" is one of these. Oh, Google got a favorable result in Oracle v. Google? Tell me how much it cost them. Tell me who else but a MANG could afford it

One thing you learn very quickly practicing in the real world is that statutory language broadly doesn't matter quite as much as the doors you open for litigation and the opportunities you create for rich litigants to crush poor adversaries with cash.