I'll just do my usual thing here and refute this point-by-point:

1. http://en.wikipedia.org/wiki/Fair_use

2. I shouldn't even need to refute this one. Remember that time when Nintendo was embroiled in scandal after the general public found out about the absurdly massive amounts of porn the Pokemon fandom had generated? No? That's because it never has and never will happen. In fact, Hasbro has very deliberately avoided C&Ding the huge amounts of for-profit MLP R34 artists out there, probably to avoid calling attention to them.

3. The vast majority of Hasbro's C&D ventures (and all the ones anyone cared about, like Fighting is Magic and Button's Adventures) were against non-profit fanworks. Never at any point did most of the C&D's projects make their creators a dime; thus, they all fall under Fair Use as parody.

I'm sorry but I can't blame people who want some cool MLP-related stuff but can't have it because Hasbro can't deliver it.