The primary error seems to be in applying the anti-circumvention ban to fair use and non-infringing use, and tools used for same. Because most video is encrypt

The primary error seems to be in applying the anti-circumvention ban to fair use and non-infringing use, and tools used for same. Because most video is encrypted, this effectively reverses Betamax and bans home video recording with DVRs without authorization from the copyright holder. It's particularly disappointing that the copyright office has flatly refused to authorize 1201 exemptions for non-infringing format-shifting or space-shifting.