Quote:
Originally Posted by Harmon
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The portion of the ruling relating to consumer use begins at point 116 on page 39:
In other words, the judge specifically said that she was NOT DECIDING EITHER WAY whether making a backup copy is "fair use."
Then she goes on to assume, for the sake of argument, that making a backup copy might be "fair use," in order to make the point that for purposes of the case she was deciding, it doesn't make a difference:
The judge then quotes another court:
See the point? The consumer has the right to backup, if that is fair use, but it is illegal to sell him the tools that will let him do a backup.
And the judge quotes another court:
The point here is that if the consumer can get his hands on the circumvention tools, he can legally use them to accomplish "fair use."
Bottom line: this court did not decide that the right to make a backup doesn't exist.
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Thanks for that detail Harmon! Much appreciated!