The interesting thing is how Heather Meeker carefully avoids mentioning the obvious approach that is perfectly compliant with laws and regulations around copyright and use: opt-in. If a new way of using information arises, asking for consent through opt-in is the obvious choice. But also the most costly one.
That's why the "forgiveness instead of permission" approach is seen as somehow heroic, when it actually simply is abuse.
the question at issue in these lawsuits is whether the law requires permission (or equivalently forgiveness) or whether people are free to do as they wish in these cases
That's why the "forgiveness instead of permission" approach is seen as somehow heroic, when it actually simply is abuse.