Is the premise of this opinion that if something is good, then courts should invent interpretations of laws to pretend the good thing is legal? The birthplace

Is the premise of this opinion that if something is good, then courts should invent interpretations of laws to pretend the good thing is legal? The birthplace of the national park system took place through preservation acts passed by Congress, not wishful thinking. If IA is so amazing, why don't we codify and protect its existence through new law and not hope that a judge will squint favorably at copyright law?