Wyrrej,
I'll concede that my interpretation is pieced together from bits here and there rather than a legal analysis of copyright law.
However, I had indeed read first hand, in 1998, text stricken from copyright law allowing fair use when copying from digital a medium. I'll see if I can find it. It was a document that had lines stricken through the text, rather than deleted.
As I now search for "fair use" in the DMCA, I am uncertain what the text on page 4 means. It seems to say that the act of circumventing copy protection may actually be allowed for fair use!
A direct quote from page 4:
"Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying."
http://www.copyright.gov/legislation/dmca.pdf
Anyway, it's my understanding that the DMCA does not apply to analog copying. Perhaps this is naive? Typically, in the old days, the photo copier was okay for research at the library, VHS was okay to record video off of the TV, and film cameras were okay at museums, presumably under the concept of "fair use."
It's true anyone can sue anyone for anything. Did you hear about the little old lady who sued the neighbor girls for leaving cookies on her doorstep and scaring her? It just happened here in Colorado! She won almost $1000! (I think it sets a good precedent, too, because I would hate to live in a world where children bring cookies to little old ladies without warning!)
Anyway, point taken about the "telephone" problem. The DMCA is thoroughly confusing and is being used to abuse people around the world:
http://www.eff.org/IP/DMCA/
Nate