There is an easy answer, it's just obfuscated by powerful people who are benefiting from it an obscene amount, and supported by hoards of addled and thoroughly addicted enthusiasts.

I think sticking a straw in Zlib or AA or LibGen or whatever it is, and drinking until it makes gurgling slurping noises as it hoovers up the dregs at the bottom of the barrel, is far, far removed from “fair use”.