This has actually been the subject of (depressing) scholarly research. "Further, we conclude that the exemption proceeding is constructed not to protect noninf

This has actually been the subject of (depressing) scholarly research. "Further, we conclude that the exemption proceeding is constructed not to protect noninfringing users, but to limit courts' ability to exonerate them via the traditional defenses to copyright infringement." http://papers.ssrn.com/sol3/papers.cfm?abstract_id=844544 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=844544