Who's responsibility?

Who holds the responsibility for securing your copyrighted works from theft?

Me?

I have to pay for it.

Then, once I own it, I must protect it for YOUR sake from theft?

Or face prosecution?

In what tin-pot dictat....nevermind!

Case law?

Not that I think anyone would care at this point, but the United States is a "Constitutional Republic," which means it's supposed(key word here) to be a nation of written law. Case law is not law, it just isn't. When judges and lawyers turn to case law, they are basically leaving the legal system behind and ruling based on a weird sort of conceptual momentum.

Let's be clear, case law is not law. The verdict of a case applies to that case, and that case only. If lawmakers(judges are not lawmakers) want to base laws on the decisions of cases, they can try, but the case involved is still just a case.