"Fair use" is about the recipient (a.k.a. the user, the buyer, the reseller and such terms), and other second and possibly third parties, holding some limits on therights holder's ability to enforce copyright under certain circumstances. Saying Google's actions pass "no test of fair use whatsoever" because they might be opposed by the rights holder, or even cause some objectively verifiable problems for the rights holder, is like saying 'innocent until proven guilty' should be abolished because it doesn't help the state get convictions.
There is a clear four-pronged test of what constitutes fair use in the USA. Please explain to me how google's cachng of entire websites for profit is consistent with any of these. In fact, it very much violates two of them. You've written a long paragraph based on apparently your belief that "fair use" is some abstract concept. it isn't. Read the wikipedia page or wherever you need to go to learn about Fair Use 101 and get back to me.
If your only goal is that the copyright holder be able to act without checks and balances
I never said or insinuated anything remotely like this. Shame on you for suggesting something like this. In fact, quite the opposite--I explicitly referred to fair use, which is a "check and balance" (though that's a horrible word choice) on the use of works.
"Cacheing" in double quotes because I contend it's actually republishing, or at least that the differences between the two are negligible.
You've written a lot of legalistic sounding bullshit without actually having any real understanding of what Fair Use is, it seems.
The Berne treaty has no bearing here. I am specifically asking about the legal theory, perfesser, under which you claim it is legal for google to do what it does - republish the content of entire websites for money without the creator's permission.. inside the USA, if you prefer to keep the discussion simple.