This situation was wholly predictable the minute it was decided to pass laws to codify what were previously best practices. We now get to enjoy the same benefits the law has granted in the past on environmental protection, civil rights, labor practices, patents, and copyright... With similar grey areas, fuzzy and contradictory outcomes, and but-what-if attempts to augur the legal process. Not to imply any of those laws should never have been passed! Merely observing that when we use this tool to solve our problem, this is how this tool operates. The pattern is well-established and basically at least as old as rule-of-law.