DMCA wasn't written by the recording industry, and true...parts of it are pretty horrific. A pound of cure for an ounce of problem in anticipation of a world of DRM.
The only aspect that makes REAL illegal is that it bypasses encryption.
Humorous to read how many people here want encryption for their own works, but damn those that use it to protect *their* work.
Until all this IT stuff gets figured out, harder laws (IMO) are better than softer laws.
Tenenbaum thrilled me to no end (Dancing on my computer desk when it happened).

To quote from Wikipedia:

"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself."

This is a huge issue and one thats not been lost on our own copyright council. It impacts broadcasters, their employees, archivists, libraries and no doubt some of us here. The big issue is no matter what the copyright council or the rights holders decide it's an issue outside their control.
Even more troubling is it's criminal not civil law, an employer protects his employees (in general) against civil actions while doing his job, the best protection he can offer against criminal prosecution is to cover the cost of defending the case. Someone I know very well has raised this exact issue with his employer and lets just say it bounced around the legals for quite a while without any clear resolution.
What needs to happen is for the DMCA laws to be tied back into the copyright acts, that maybe no trivial task though.

Bob.

"While it may be fair use for an individual consumer to store a backup copy of a personally-owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies."

This is simply the government's method of dealing with the problem. I recently saw a documentary (can't remember the subject) that explained how the government said (fill in the blank) was legal, but one had to obtain a government stamp to (fill in the blank). The real issue was the government printed one stamp and never approved any applications for any stamps. In their eyes, the problem was solved.

It all boils down to choice and accountability. It IS an individual's right to make a copy for personal use. Whether the individual makes one copy or one million copies for personal use is not and should not be the issue. The instant that individual has trafficked one copy or multiple copies, he has broken the law and should be dealt with accordingly.

Laws are in place, but seldom effectively applied. Alcohol consumption is a good example. Prohibition proved to be a grand failure. It was repealed. Individuals have the right to drink alcohol. They have the right to drink themselves blind, if they so choose. However, the moment a drunken person crawls behind the wheel, attempts to drive a car, and winds up killing someone, the law(s) should be brought to bear as fully as it can be upon that individual. The person had the "choice" and killed someone as a result. Now that person must be held fully "accountable" for his actions.

It is far easier to take away rights than it is to exercise the laws in place designed to protect them.

I thought the Mafia wrote all the copyright laws since they suppossedly owned the music industry for so many years. Who owns it now?
JJK

then of course what happens is the software companies that make decryption software just move offshore to non-usa based countries, and/or partner with people in other countries where the usa law is not applicable.

Then INTERPOL would step in.