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With regards to the argument that the DMCA is bad law because it prevents users from making backups, the joint reply dismissed such arguments as "uncompelling." First, they argue that there is no evidence that "any of the relevant media are 'unusually subject to damage in the ordinary course of their use.'"
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Obviously, the RIAA hasn't seen the condition of some of the DVDs and CD's that I copy...er, um...borrow from the library.