I really don't think anyone envisioned the way digital distribution would change when the DMCA was written.
But my point isn't that there's political will to make a change, but that the judiciary really doesn't have the capacity to rule any other way than the obvious "you can't do this". It would be a completely wild precedent for this case to somehow result in a ruling that it's fair use based on the actual law and the history of previous rulings.