It is, and I've admitted as much in a subsequent response (<https://news.ycombinator.com/item?id=48517524>). It was however poorly articulated and muddied by some irrelevant distractions.

I'm working on a top-level comment on that point as I write this, given that this particular subthread is dead and thus invisible to most visitors to HN. My response highlights what seem to me salient points about other instances of violation of separation of powers, and of the history of the copyright office.