Whenever possible, when the law is ambiguous or silent on the issue at bar, the courts should let those who want to market new technologies carry the burden of persuasion that a new exception to the broad rights enacted by Congress should be established. That is especially so if that technology poses grave dangers to the exclusive rights that Congress has given copyright owners. Commercial exploiters of new technologies should be required to convince Congress to sanction a new delivery system and/or exempt it from copyright liability. That is what Congress intended.
Somehow I doubt that. Not that it would be the first time a governmental body thought that we should have to ask permission to do something perfectly legal. I’m thinking that trend can stop any time now.
H/T to Uncle, the King of the Links.