Napster's only alleged liability is for contributory or vicarious infringement. So when Napster's users engage in noncommercial sharing of music, is that activity copyright infringement? No.
Don't fight the patent, fight the infringement.
Nobody tells you what you can and can't do.
The Wright Amendment is a pain in the ass, but not every pain in the ass is a constitutional infringement.
I stole a lot from Gary Oldman. I stole the hairdo from his incarnation of Dracula. We cheated it just enough, so we couldn't get accused of copyright infringement.