I think it goes back to the question Mr. Coderre asked earlier.
There is just so much we can do in predicting the future without creating a significant risk for the rights holders of actually taking away what we're trying to build for them. On the one hand, we want to strengthen copyright so that they can in fact monetize their work in the digital environment and come up with new business models. On the other hand, we're going to create an exception that is vague and open-ended and that we're going to give to the courts so they can figure out how it will play itself out in the marketplace. We're almost giving with one hand and taking away with the other.
There's just so much we can do in trying to deal with the unpredictable future. One important thing that comes up often in our world, and that I have seen in many other industries, is that people confuse “access” with “free”. Copyright collectives, for example, can be used to deal with that uncertain future and ensure that there is access to the use of works.
A private copying regime is a type of collective administration of copyright. It ensures that there is compensation on the one hand and use on the other hand. Perhaps there are other tools that exist, without our creating this big open hole that will seriously undermine the strength of the copyright.