If you look at how it's described in, say, https://www.copyright.gov/512/ https://www.copyright.gov/512/ there's a fair amount of ambiguity because they're ta

If you look at how it's described in, say, https://www.copyright.gov/512/ https://www.copyright.gov/512/ there's a fair amount of ambiguity because they're talking about the ability to qualify for safe harbors in general, presumably mixed together with the ability to qualify in a specific case, without drawing that distinction explicitly.