Yes, and the law also covers _use_ of such tools, not just distribution. That is to say, if fair use isn't fixing the tools distribution problem, it's sure not fixing usage. There was another case that discussed this, but I don't remember what it was - the link should make note of it.Originally posted by: DisgruntledVirus
While I am still in the middle of reading that court case, and the other link you provided 🙂beer: for that, thx 🙂) the issue that started the court case was the Corley posted DeCSS on his website. Like I said, I have yet to read all about the case but that is one important bit of information.
The lawyers at the EFF seem fairly clear that this isn't really a grey area, if you look at the ChillingEffects website I linked to. Unless you think you're better than the lawyers at the EFF, which I rather doubt, I think I'd stick with their own educated opinions. The "grey area" here seems to be more that you're in denial than anything else.I agree discussing ways to break laws can open anandtech up to lawsuit, breaking the decryption in order to make a fair use backup (that does NOT get distributed) is something that I still believe is a grey area (and that you won't get caught unless you distributed it, or it's discovered due to some other crime you commit). I'll keep reading about the court case, and see if I'm wrong about that.
Basically, fair use does not give you right of access, and right of access can be restricted without violating the first amendment. That's what the current case law seems to be. IANAL, but I played one in B-school.