Larry Lessig: Fair use is “nothing more than the right to hire a lawyer.” E.g., here.
Judge S. Jay Plager of the Federal Circuit: Because of the uncertainty of the scope of a granted patent, the patent grant is actually “little more than a right to litigate.” An Interview with Circuit Judge S. Jay Plager, 5 J Proprietary Rts at 2, 6 (Dec 1993).
Are these claims equally true? Are they equally un/desirable? Would your favorite proposal to fix one do anything to fix the other?