So under the alternative approach we don't even pretend to be good? If we're not pretending to be good, then how come we aren't just straight-up assholes?
I think the real issue here, as always, is the tension between individuals and corporations. If I was making a documentary and wanted to use some footage from a big studio, I might ask them for permission even if I believed it was fair use. If the studio said no, I might use the footage anyway. Would this make me a huge asshole for having asked? If the studio raised a stink afterwards, would they have your sympathy?
Also, isn't A.O. Scott just pretending to be the victim here? Is the concept of selective quotation from reviews some new phenomenon? Does he object when his print reviews are selectively quoted? Does he feel they need permission to do this? Should there be the sort of extended discussion Margaret Sullivan clearly contemplates when excerpting print reviews? Did A.O. Scott, as a book reviewer, enter into these kinds of discussions when he excerpted from books he reviewed?