It's easy to blame society for its lowest forms. Nobody blames the lowest forms themselves, because it's mean. Do you suggest that if a person is unwilling to work, or unqualified to do anything meaningful, they should be forcefully fed? And clothed? And given software?

Any set of any data has half of its data below average. And unless it is skewed in some way, it will follow a Gauss distribution. The end of that bell is going to have some nasty things.

Unfortunately, sometimes this is nobody's fault. And ultimately, there's only one way to deal with problems, that that is uniformly, otherwise things explode in whoever's face it is that made the decision. And with the discussion at hand, it's about being on the side of justice (theft) or the side of the majority (fair use). And if that seems easy, remember, if you do the right thing and that thing collapses an industry and throws hundreds of thousands of people in the street, then it's not the right thing any more.

Welcome to Catch 22.