Yes, that is a good point. My contention is that the work is not protected since it's considered a private backup and fair use. Whether or not a 2010 court would agree with the fair use label is anybody's guess, but I'm pretty certain that using it to make backup a personal copy would not go to court and if it did would be found in favor of the defendant. I think anyone wanting to backup personal copies can do so with a clear conscience.
Of course someone should not proceed with an activity they feel uncomfortable about just because some guy named McNutt said it was okay.
