Re: First Amendment ?
Back in the day, authors used to do 'readings' of their works.
If he did nothing but hosted readings where spoke all the words of his work to an audience then IMHO the 1st Ammendment will cover him from prosecution.
Then he could publish the words (and the audio) he spoke (and only the words he spoke). Again, the 1st Ammendment will cover him because it is a verbatum record of what he spoke.
Well, thats my IANAL view of things.
I'm sure the DMCA supporters will be thinking differently.