The act is supposed to be technology-neutral. It should apply regardless of the technology in place. It's the introduction of exceptions that has made it possible to target specific uses in the act in order simply to expropriate creators' works and strip creators of the right they may have had.
In addition to that, the Supreme Court has interpreted the act and granted a user right, contending that the act should henceforth maintain a balance between the rights of each party and that users also have a right. The problem in all that, and it should be solved by legislative means, is that we should basically go back to a technology-neutral act, an act that protects creations of the mind, regardless of distribution platform.
The creation of this user-right movement has undermined the bargaining power of rights holders, including those like us who band together to establish a strike force against foreign giants such as the GAFAs—Google, Apple, Facebook, Amazon, Spotify, and Alphabet. Where their rights are unclear or weak, when they should be as strong as they were in the analog world, that encourages players not to want to negotiate with us or pay at the fair value of those rights.