It seems to me it's a decision that went too far, especially because it invents a user right. It's a pure invention. In fact, it's no longer been a fiction since the decision, in 2004, but there was no previous legislative trace of it. So to say that a user has rights, in my view, is an invention by the Supreme Court, and it has somewhat destabilized the very precarious balance on which copyright was based. As for the six tests, they must be looked at one by one. Some are obvious, but others, I think, go much too far.
On March 10th, 2011. See this statement in context.