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It's not hypothetical nor an unintended consequence. Most likely this is the point

> Those who are under attack happen to also be the biggest copyrighter holders, so this would open up a new avenue of attack.

Don't threaten me with a good time

Conversely you're already not dealing with that, so the letter and spirit of the law are both being ignored and the American voter doesn't care.

> the American voter doesn't care.

The American voter doesn't know because copyright misuse and malfeasance is on a long list of public-impacting topics that news orgs have rigorously ignored for generations.

It's really hard for me to feel sorry for Disney here. Is it possible for both sides to lose a lawsuit?

It's not about feeling bad for Disney. Disney is tremendously powerful, so if the federal government can coerce them to do whatever the federal government wants, that has massive widespread effects for everyone. It creates an environment in which powerful corporations are expected to act as political enforcers, creating a monoculture of ideas and suppressing dissent.