Eh...
It could still be done. A group like the ACLU copyrights something, arranges to have it "copied without permission" ("You don't have permission to copy this recording! My lawyers will contact you after you're through." ^^;; ), and then "goes after" a prearranged target who's liable under the DCMA for one of it's more ridiculous provisions.
The trick is to get a plaintiff who's "in on the deal", so to speak, and willing to push the thing through as far as the courts will let it go. There should be at least a few non-profits who are willing to do such a thing.
At the very least, it would be amusing to see how the big media companies reacted.
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