If the Betamax case were to be argued today, it'd probably be decided the other way. I don't think stare decisis will be sufficient to extend the decision to digital media; the courts will point to the DMCA as clear evidence that the legislature didn't mean to extend those principles digitally, then claim that judicial restraint requires them to blow Morpheus (et al) away.
(the bags with the '$' on them exchanging hands will have nothing to do with it)
