Another interpretation is that (1) copyright interests are over-protected (at least) in US law because publishing industries are very influential, and that this

Another interpretation is that (1) copyright interests are over-protected (at least) in US law because publishing industries are very influential, and that this policy overweights their short-term profit motive and underweights other interests that might benefit from looser enforcement (as the Constitution puts it: "promot[ing] the progress of science and useful arts.") And simultaneously, (2) if you can actually demonstrate such an interest (in particular: a profitable business that cannot exist when copyright law is fully enforced), the courts and publishers won't actually shut you down, but will settle for a cut of the new revenue you created.