I hate it when some politician shows up claiming that “this is not what we wanted” when people follow the obvious incentives in the law they made. If you mandate X, and the cheapest way to get X is to sell Y down the river, there’ll be no more Y around. If you then go on to require Y as well, Z will be sacrificed immediately to make sure there are enough resources for both X and Y.
You cannot show up wielding sovereign immunity and a state monopoly on violence and then be surprised when your orders are carried out exactly to the letter, even if “exactly to the letter” is stupid and destructive and people would rather do things differently.
In this case, you’re claiming the law doesn’t require that we get rid of fanworks, we just have to ensure copyrights are upheld. Well ok, but the way to ensure, ensure, that copyrights are upheld is to get rid of fanworks. Proving in a court of law that your usage was fair/private use is too expensive, nobody’s gonna do it. Ao3 is either going to close their doors to connections from Europe or obey instantly the very second some IP swine from Europe calls up and says they have an infringing work. They don’t have the funds to handle suit from every asshole with an IP and an opinion.
“This law won’t have victims because the victims can take it to the court if they’re being victimized” assumes lawyer billables are valued at $0 which, hah.
if the expectation is that “victims can take it to the court if they’re being victimized”, then all lawyers should be free. i’ve said it before. this isn’t the only law where this happens–most laws work like that.
Or punitive damages should be Real High so lawyers would work on commission (This is actually slightly better because then you’d have lawyers looking over the case first and saying “mate you did infringe, theres no way I can win this” when infringement occurs, which smoothes out a few issues with free legal aid)
But yes, every time you say “that won’t be a problem because We Have A System”, you create for yourself an obligation to make sure the system is actually adequate to ensure all problems will be solved so well, it will be as if there were no problems.