First, I wouldn't take it as written that it's a reality. As has been said many times, fair dealings are not free dealings. In Canada we have those two steps to go through. First, does a dealing go to criteria? And then, is it fair? In the United States, they just skip straight to “is it fair?”
Because they skip straight to that, people have come to understand the fairness test more than whether it fits into some narrow criteria. I actually think it would be better for everybody concerned if we moved to a “such as” language and got the criteria out of the way so people would start to understand “is it fair?”
All this loss that's being discussed, well, none of that would be considered “fair”, so I don't actually believe the loss exists. I can't deal with a reality that I don't necessarily believe is a reality.