amicus_curious wrote:
What is still way up in the air is the matter of compensation due to the infringed party. If that becomes a trivial outcome, there may as well be no protection at all. In order to show value, the author will have to show that a market exists for the infringed material.

You are missing the point of the JMRI case. The courts will
not allow the exclusive rights of copyright holders to be
vitiated just because they are not asking for money in
exchange for the right to copy. No market is required.
Copying in violation of license is copyright infringement,
and those who do so will be required to stop and will be
liable for statutory infringement.
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