In EFF: Fair Use and DRM Fred says:
[...]it seems unlikely that any DRM technology (at least one that will be embraced by the copyright industries for their products) will be able to accommodate the full range of fair use.
If this is true, the question then becomes whether some quantum of fair use should be sacrificed in order to stem the disruption caused by new technologies to existing media company business models. Or, to put it more bluntly, should the public be required to give up some measure of fair use in order to solve the "piracy" problem?
Wrong question, Fred. The question is 'should the First, Fourth and Fifth amendments to the US Constitution be overturned so publishers can maintain their chokehold on the market by seizing your computer?'.
Those amendments excerpted for reference:
Congress shall make no law [...] abridging the freedom of speech, or of the press;[...]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be [...]deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.