“There is a whole universe of uses that might technically violate copyright, might technically not fit into di minimis, first sale or fair use – but these are also uses that no one would ever find out.”
Permission culture trained everyone to ask first, which quietly hands a veto to whoever holds the rights. Doctorow walks through The Wind Done Gone and Kirtsaeng to show the law already allows far more than the fear does. Fair use runs on the rule of reason, and most ordinary copying never reaches anyone’s attention. Asking permission for things you can already do teaches rightsholders they own more than they actually do.