The DMCA's "technological protection" provisions don't mean big government. Ultimately, it means giving corporations more excuses to sue people. Government size has nothing to do with the price of coffee. Also, this suit takes place in a fact-driven court of law, not in congress. Therefore, there is some chance of success, although if the EFF wins, I'm sure the copyright trolls will find a way to undue the victory. If they can't do that, they'll simply find another way to control the masses.
In any case, let us all keep our fingers crossed. If the EFF wins, this will be a huge step in the right direction. Section 1201 has been a huge burdon on the public for far too long. Section 1201 is often used to block otherwise-legal actions, especially those that are supposed to be protected by fair use. I could spend all day talking about how bad Section 1201 is, but Kerry has already done a nice job doing just that.
Good luck, EFF! You'll need it.