Originally posted by: sunase
The DMCA actually has allowances for personal backup, so DVD ripping may be legal even if ripping software isn't fairing well in court...
Originally posted by: bamacre
Actually, it's Fair Use that allows backup copies of things you buy. The DMCA has trampled all over those rights. Fair Use says you can make a backup of a DVD you buy, the DMCA says you can't if it means breaking CSS.
I was actually referring to fair use when I said it has allowances. Right after the DMCA handles the stuff in "Paragraph 1201 Circumvention of copyright protection systems" you're talking about it goes on to say "OTHER RIGHTS, ETC., NOT AFFECTED.-(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title."
Some politicians have actually mentioned the above as well when confronted about the DMCA. So as I said, the act of ripping may itself be perfectly legal even if creating and distributing the software isn't. And that's not even getting into the various other ways of ripping that don't decrypt, like those that get data from memory (admittedly they were a PITA and have faded out of use with new techniques, but they may be more legal).