Intellectual property is not private property to begin with. The fair use doctrine (and constitutional right) proves that. If society's particular specific use

Intellectual property is not private property to begin with. The fair use doctrine (and constitutional right) proves that. If society's particular specific use of a work outweighs the rightsholder's monopoly on its distribution, it can be ruled as such and whoever is making that fair use can continue and won't be penalized.