The time may have come for people like us to stop trying to the best of our ability to interpret the law and appease the "powers that be." Perhaps we should do something along the lines of form a committee, or two, or more (Since legal issues are different across the pond and in other parts of the world) to compile a list of arguments for our cause, and then get professional legal advice on the matter.
EDIT: We could even form a full fledged organization. Something along the lines of "International Association for the Lawful Advancement of Fan-Edits" only with a catchier acronym.