You only have a very weak negotiating power and only during the election campaign while copyright holders have very, very strong negotiation power (money) all the time. So they can change the law whenever and however they want to. Your "contract" with the lawmakers can change at any time regardless of your (or the majority's) wishes, which on the face of it is extremely undemocratic. So the "take them to court" strategy is doomed to fail but people are still correct to point out how unethical and immoral this is.

In the same vein, piracy may be illegal but sometimes it just balances out this immorality and lack of ethics of copyright holders and lawmakers. If we follow the same reasoning, if a pirate is not taken to court then it wasn't illegal.