Earlier quoted context omitted.
So, continuing to profit--forever--from someone's else work, at scale, without their prior consent, is fair use? It's funny that crimes can be settled in cash. IOW, everything has a price; and the price is always right. Settlement ought to be the euphemism for blood money. In addition to the settlement, what I'd consider fair is to have these companies pay royalties in perpetuity. Of course, that's not tractable.
Why do they need prior consent? What sort of rent seeking do you want?
How does intellectual work get funded in this insane world if yours, pray tell?