The only person equating anything to the holocaust was you.
Isn't doing this the main reason we have lawyers in the first place?
Judges aren't friggin robots. You don't get to fuck around and have them go "BEEP BOOP WELL TECHNICALLY NOT A VIOLATION BEEP BOOP".
The whole point of a judge is to, well, use his/her judgement. If this judge thinks Apple is fucking with him AGAIN, I can't imagine he'll be at all lenient. Apple is holding his authority in contempt.
Would you rather have fair use be a list of 10 things, and only those 10 things, or something that you should follow the spirit of?