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Personally I think "format shifting," "backups," and any copying as long as it is for personal use should be regarded as a "personal fair use" -- and this should apply to DRM removal, EULA, etc. Unfortunately this concept isn't explicitly written into existing laws, so it depends on the judge interpreting existing precedents and such. It's too bad that "intent to distribute" isn't part of the prerequisites that defines a copyright violation. I don't know if this what Pdurrant was looking for, but the intent to distribute is where I see the distinction.
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