They don't "know" the answer, they decide the answer. Judges in these cases aren't pulling the answers from the void, they're interpreting the existing body of

They don't "know" the answer, they decide the answer. Judges in these cases aren't pulling the answers from the void, they're interpreting the existing body of legislation and case law that governs copyright which was written and passed by the legislature. It's funny you say that lawsuits provide a platform for discussion that leads to policy because you're describing the legislative process. I will grant you that the structure of lawsuits and amicus briefs does lend itself to quality discussion about issues and I think the legislative process could do with a bit of that.