But copyright law expert Evan R. Cox, a partner in the law firm Covington & Burling, noted the DMCA as written does not provide an exemption for fair use.

He also said previous court challenges to the DMCA have been mostly unsuccessful.

However, Cox said the movie studios also have to deal with sentiments that go far beyond any courtroom, "a sense of justice on the part of customers" who already feel entitled to make backup copies. [emphasis added]


Interesting that this is the same guy that said, [link|http://news.com.com/2100-1023-978176.html|in relation to the Skylarov decision]:
"It is troubling for enforcement of the (criminal provisions of the) DMCA," said Evan Cox, an attorney with the San Francisco firm of Covington & Burlington. "This was the kind of case that the DMCA was meant to prevent. If this enforcement led to a not guilty verdict, you have to wonder what would lead to a successful case."


His hemming-and-hawing means one of two things: either things are now moving so fast in this arena that no one can kkep up, or this guy will say whatever his client-du-jour pays his fees to say.

Nonetheless, the timing of this suit could not have been better for 321's purposes.

I wish them good luck (and better lawyers!).