I'm surprised that the defendants in the Bowers case didn't raise a public policy argument. Wouldn't the reverse-engineering exceptions both to copyright (made

I'm surprised that the defendants in the Bowers case didn't raise a public policy argument. Wouldn't the reverse-engineering exceptions both to copyright (made by common law precedent through fair use) and the DMCA (section 1201(f)) be strong evidence of such a public policy position? Were it otherwise, any copyright holder could lock their software behind an EULA or similar agreement that prohibits reverse-engineering and foreclose what would otherwise be fully legal research into the non-copyrightable expression/systems/methods in the software code.