I addressed the latter point downthread: it's not just that the memo overshot the RSC membership and the tolerances of the Content industry, but that it did so to no good effect: if every reform in the memo had been adopted (at huge cost politically), the content industry would still be able to threaten infringers with bankruptcy and starting a content-rich consumer Internet company would still be fraught.
On the former point, about DJs: making it simpler for DJs to sell music with rights-encumbered samples isn't going to fundamentally change the economics of either the content industry or the consumer Internet. Fair use for DJs is an issue that applies to a subculture of a subculture of a subculture, and even more weirdly, is an issue that has mostly been metabolized by that subsubsubculture: Girl Talk, for instance, wasn't going to make a lot of money selling his currently non-salable tracks, because almost nobody makes money selling recorded music anymore.
On the former point, about DJs: making it simpler for DJs to sell music with rights-encumbered samples isn't going to fundamentally change the economics of either the content industry or the consumer Internet. Fair use for DJs is an issue that applies to a subculture of a subculture of a subculture, and even more weirdly, is an issue that has mostly been metabolized by that subsubsubculture: Girl Talk, for instance, wasn't going to make a lot of money selling his currently non-salable tracks, because almost nobody makes money selling recorded music anymore.