I think my meaning of unconstitutional carries all the weight it needs. A government not serving its people, especially knowingly, is not a valid government, and isn't making valid laws.
Handwaving, much? There's no universal and objective measurement for "government not serving its people." If there were, many problems of government and politics would be a heck of a lot easier.
I don't disagree with the sentiments about the badness of the DMCA, but it doesn't help anyone to trivialize the practical difficulties in establishing a well-functioning government.
There are many universal standards for a government not serving its people. Literally uncountably many. So yes, you're technically right that there is no one standard.
I don't mean to trivialize anything. But government starts with the consent of the governed. It's cool, sort of, that you feel you consent to this. But I don't. It's not that it isn't good enough soon enough, it's that we reward treacherous behavior so the system is never going to work for the people.
