> Copyright Law Was Built for Human Scale
No where in the law it has this kinda scoped limits. It has a time limit and scale doesnt not matter. Scale matter in a way that its gets harder to enforces buts that not the fault of copyright law. If you steal at a big scale, its still stealing.
Yes, but they were found not liable for copying the books they purchased. They were found liable for the books they torrented.
The former is something publishers still want to address
Laws usually don't describe the bigger societal context in which they were conceived.
St. Augustine: "an unjust law is no law at all."
John Marshall, in Marbury v. Madison: "a law repugnant to the constitution is void."
This is actually a fairly well established principle in common law. So, yes.
That is not how the separation of power is supposed to work. If a law is bad, politics (preferably a democratic process representing the people) replaces the law with a better one. Until the new law comes into effect, everyone is supposed to abide by the old law, even if it's bad.
As they say: democracy may not exist, but we'll miss it when it's gone.