yep, theft but not plagiarism.
The question is what happens when somebody mass-"uncopyrights" entire libraries of content for the first time. Because, of course, this judgement should have sent the stock price of Disney, Paramount, Warner Bros, New York Times ... to zero.
Why? Because at this point these companies are living on borrowed time. Courts have outlined a clear, legal, process to "uncopyright" any given work.
Copyright infringement obviously.
> DOES NOT make a derivative for the purposes of copyright
Or maybe you have misunderstood the ruling and thats why the stocks of these companies hasn't plunged.
Seeing as your prediction completely failed, it seems way more likely that actually you just misunderstood the ruling.