The entire following opinion on the Elian/Bud mix of course assumes Fair Use even exists... but there are efforts to eliminate it. First Amendment Lawyer Takes on Movie Studios in DVD Case: "If the judge's view is correct, Benkler said, then the Digital Millennium Copyright Act 'does something no copyright law has ever done -- it extinguishes fair use,' he said." With the anti-circumvention clause, one can protect any work against any unauthorized use, fair or otherwise, simply by protecting it with something, no matter how weak, that must be circumvented. Therefore, it blocks all use.