South Park episode made by AI
(twitter.com)
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Those are people who back down when given a cease and desist. But perhaps you're right. I dunno.
I mean even if it isn't technically illegal but if you have to be very wealthy to be able to fight against i it pretty much is illegal.
As long as it is possible to drag out lawsuits to financially bleed out your opponent it doesn't really matter what the law actually says or intends.
The DMCA abuse problem on Youtube is the best example for that. What happens is blatantly against the law (fair use) but they're able to keep on doing it because nothing ever happens.