It seems to me that some questions here suffer from an 'XY' problem resulting from fundamental legal principles. Copyright and patent law is civil, not criminal, law. Unless countries start passing laws and signing treaties that draw very precise boundaries, many questions here boil down to the traditional legal complexities of precedent and principle. Expertise on those areas is not in evidence here -- even links and references to legal expertise, while not completely absent, are perhaps the exception, not the rule. There are some parts of the terrain here which are fully settled law, due to prior litigation and precedent. There are others that are not.
If we want this site to be a useful resource, I claim that sometimes it is not helpful to have an answer of the form 'I claim that there is some legal principle that permits you to do X or prohibits you from doing Y', but, rather, 'this area is legally tangled, it's more important for you to find out what the copyright holder thinks.'
If the owner of the rights of something dislikes your use, she or he can cost you a great deal of trouble and expense by filing a suit. Even if you win and they lose, you're out time, trouble, and in some cases, money. If the owner of the rights of something smiles upon your use, it does not matter if some other people think that it should be impermissible. Obviously, the concrete example here is TLF versus FSF on derivation vs. aggregation.
My concrete suggestion is that it should be acceptable to answer a question of this kind by explaining to the OP that business and legal context could be more important than technical maneuvering around a license. That might not be the only answer -- but the community should view such an answer as a legitimate XY response, not as a non-responsive answer.
I'm afraid that asking for all such questions to be off-topic would leave the sound of crickets, so I'm not suggesting that.
Discussions on meta aren't always aimed at some concrete, crisp, outcome, such as a close reason, a paragraph in the help center, or a 'policy.' People always have the right to vote as they see fit. This posting here is intended as food for thought. If some people think that the atmosphere is already what I'm asking for, perhaps other people hadn't considered this.