""They're hoping to get a statement from the court on the constitutionality of the DMCA," said Dan Burk, a professor at the University of Minnesota who specializes in intellectual property law. "I would be very surprised if the court agreed that the First Amendment overrides Congress' ability to create this sort of act. I don't think courts are very amenable to First Amendment arguments right now." "

More then that, courts will choose to avoid consitutional questions when they can, and I think this case offers them many opportunities to do so. But, I'm "covering" the issue so I figured I ought to mention this case.

On trial: Digital copyright law - Tech News - CNET.com