I think I may have found my candidate for the next vacancy on the Supreme Court. It's Seventh Circuit Court of Appeals Chief Judge Frank H. Easterbrook. In ProCD v. Zeidenberg, 86 F .3d 1447 (7th Cir. 1996), he wrote:

Think, too, about everyday transactions in intellectual property. A customer visits a video store and rents a copy of Night of the Lepus. The customer's contract with the store limits use of the tape to home viewing and requires its return in two days. May the customer keep the tape, on the ground that sec. 301(a) makes the promise unenforceable?

Could you imagine the day when Nina Totenberg reinacts this man's words? We can only hope.