If you’ve got lawyers and a copyright, the law gives you tremendous power to silence speech you don’t like. Copyright’s statutory damages can be as high as $150,000 per work infringed, even if no actual harm is done. This makes it far too dangerous to rely on the limitations and exceptions to fair...
I think it’s a case of copyright (allowing a creative to benefit from their creativity) vs copyblight (allowing a company and it’s legal team to predate on the creativity of others).
This matter has always lurked in the shadows, but with the advent of “everything as a service”, the consumer is facing a lot more copyblight than copyright.
To put it into context, when a game publisher copyright strikes a fan game, they’re not protecting the team who created the original game; they’re protecting the interest of shareholders. They’re ensuring the game IP remains a valuable asset to trade; not a product that inspires but one that enriches creatively bankrupt parasites.