Bnetd Attacks Congress' Power to Enact DMCA

Lawmeme has reported that Bnetd, in its answer and counterclaims (filed Dec. 4, 2002) against Blizzard Games and Vivendi Universal Games has proffered the following defense:

Defendants actions are lawful because Title 17, Section 1201(a) is unconstitutional on its face and as applied under the First Amendment and/or the Copyright Clause of the United States Constitution and because passing Section 1201(a) is not a valid exercise of Congress' enumerated powers.

How the Court handles this is of particular interest to me because it is the exact argument that I made in a paper I had written in May 2001: Digital Millenium Copyright Act v. Public Use: Are Constitutional Safeguards Insufficient in an Era of Industry Lobbying; and had recently posted a link to it.