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This situation seems analogous to when air travel started to take off (pun intended) and existing legal notions of property rights had to be adjusted. IIRC, a farmer sued an airline for trespassing because they were flying over his land. The court ruled against the farmer because to do otherwise would have killed the airline industry.
Exactly! Back in the day, you had two options: (1) subscribe or (2) buy a single magazine or newspaper. Now, there’s no equivalent to the newsstand for digital media.