That's a very separate matter -- I was mostly here talking here about the philosophical question of "it's copyright, so if there's a copy made, we can use that

That's a very separate matter -- I was mostly here talking here about the philosophical question of "it's copyright, so if there's a copy made, we can use that as a guide to whether this is legal or not." There's no risk to what you're describing, mostly because there are -- as others have pointed out -- clear statutory exemptions for these situations. I do disagree with your assessment of the legal strategy, but wouldn't want to get into that here. IANAL (and therefore learned NOTHING in law school), but I worked at EFF when IA was a client, and I do know enough to not want to accidentally breach professional ethics and/or privilege regarding a client. I feel that this is actually a challenge in discussions like this -- there's usually a whole bunch of stuff going on in the background (pro and con) that determines these strategies, but everyone involved who knows that background that can't really talk about it. But you know the same gang of lawyers as I do, so you can probably get their assessment more privately.