Non-profits essentially have to be the ones to push the limits of laws like this, because it's not profitable, so for-profit entities aren't going to do it. But someone has to do it or you can never get a precedent saying that something good is actually allowed.

The problem is the RIAA knows this, because they have expensive lawyers, and they try to avoid proceeding with a suit unless they think their victim has made a mistake. So you have to get close enough to the line to at least make them think that, but then there is the risk that the judge thinks that too. Yet what alternative is there?