I have thought about this some, and if I own a CD with DRM on it, I cannot legally break that DRM to make a backup copy of the disk. Yet, I am entitled to a fair-use copy of that disk for archival purposes, no? If I am entitled to a fair-use copy, am I not entitled to download that fair-use copy from someone else who has already made a copy for archival purposes? By doing so, I in fact am not breaking the encryption/DRM on that disk, but rather just downloading a copy of the songs on that disk as my fair-use copy.
From everything I've been able to garner from the DMCA, along with what the RIAA and MPAA have indicated, my only option with regards to making a fair-use copy of a CD or DVD that I own, is to download it from someone else who has broken the rules of the DMCA. This means that I did not actually break the DRM of the disk, but someone else did, and I am just downloading what is rightfully mine. So, it seems that the DMCA, RIAA and MPAA are actually encouraging downloading of music CDs and movies through their attempts at discouraging my fair-use rights.
Grant M.