Congress has the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their

Congress has the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." It's right there in black and white. You will never convince a court to expand fair use when it would obviously limit the economic ability of the largest creators to continue creating works. This was a ridiculous case to begin with.