California court rules 1999 DeCSS ban violates free speech

I just posted the article California court rules 1999 DeCSS ban violates free speech.

  Back in 1999, a judge's order ruled publishing of a DeCSS tool by  Johansen on the web illegal as the DVD Copy Control Association had argued that  it violated their property rights.   On ...
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So…who’ll publsih a LINK to this code…now that it’s no longer illegal!!!

Can someone clarify if the “fair use” is a law or something people wish for! I know certain countries allow you to make a back up of a dvd in your collection I’m interested wether this is the case in the US. I ask because if this IS the case it must be legal to use deCSS or you couldn’t make a back up of your dvd. I’m not in the US but have heard alot about the “fair use” arguement,if it is legal then DeCSS etc must automatically be legal or you cannot back up your dvd. 321’s case has to go to the supreme court to get a full ruling on this matter so it is clarified once and for all.

Fair use is not a codified law. I believe it was a court decision that set the precedent for fair use. If I am wrong, then it is a “priviledge” that copyright holders have allowed the general public (yeah, right, not likely, that is why I believe it was a court decision, not the copyright holders).