[Ukv]

> I feel you are making my point for me and retreating to a more pragmatic position about defaults

I'm unclear on what stance I've supposedly retreated from. My position is that an opt-out is not necessary under current US law, but that it wouldn't be the worst-case outcome if new regulation were introduced to mandate it.

> The (quite entertaining) saga of Nightshade tells a story about what is going to be content creators “default position” going forward and everyone else will follow

By "default" I refer not to the most common choice, but to the outcome that results from inaction. There's a bias towards this default even if the majority of rightsholders do opt to use Nightshade (which I think is unlikely).