1. Enlist the help of forward-thinking organizations, The EFF, ACLU, DefectiveByDesign.org and antidrm.org. This isn't just your fight, their are dozens of organizations battling the ill-effects of the DMCA every day... take it to the Supreme Court as a Free Speech issue.
2. Team up with other websites being targeted, don't let them divide and conquer! Getting together with the legal teams of other sites being sued will help you all share best strategies and offset the huge legal bills that are undoubtedly coming.
3. Most importantly, request financial assistance from your users. When Kevin Rose posted "...You've made it clear. You'd rather see Digg go down fighting than bow down to a bigger company. We hear you, and effective immediately we won't delete stories or comments containing the code and will deal with whatever the consequences might be. If we lose, then what the hell, at least we died trying." THIS IS EXACTLY WHAT I THINK WE ALL WANTED TO HEAR.
So I am ready to put my money where my mouth is and stick it to those fuckers at the AACS LA. Just show me where the "Donate to Digg's David vs. Goliath Legal Battle" button is on the site and I'm ready to throw down some paypal cash...
Like I said yesterday...this day we fight!