> "Fair use" is entirely a legislative creation of Congress, and theoretically Congress could take it away.
If you have a court decision that shows a court interpreted Congress' actions as revoking fair use by the enactment of DMCA, then I'll concede the point, (but you won't have one as the DMCA does not explicitly revoke fair use.) DMCA laid out protections for copyright owners who sought to protect their copyright with eg. DRM schemes.
That doesn't revoke fair use. It just makes it practically difficult to utilize, since you might have to (illegally) circumvent a copyright protection device in order to access those fair use rights. They are still there, copyright owners just have a few more tools in their toolbox to prevent you from accessing them lawfully.
Is Youtube's "rolling cipher" such a mechanism? Debatable. Is the proper remedy a DMCA takedown of the entire youtube-dl source, or something else? That's all something for a court to decide. Only certain uses of youtube-dl are potentially foiling anti-circumvention devices like "rolling cipher", it's a utility that works on many video streaming sites, (and substantially many of the works on those sites are not protected by "rolling cipher" or similar, possibly any, DRM.)
> I don't know why you're hung up on Betamax.
Has there been a landmark ruling since, that reversed Betamax? It was decided by the Supreme Court, so unless you have one, I don't think I can agree that it is no longer relevant.
If you have a court decision that shows a court interpreted Congress' actions as revoking fair use by the enactment of DMCA, then I'll concede the point, (but you won't have one as the DMCA does not explicitly revoke fair use.) DMCA laid out protections for copyright owners who sought to protect their copyright with eg. DRM schemes.
That doesn't revoke fair use. It just makes it practically difficult to utilize, since you might have to (illegally) circumvent a copyright protection device in order to access those fair use rights. They are still there, copyright owners just have a few more tools in their toolbox to prevent you from accessing them lawfully.
Is Youtube's "rolling cipher" such a mechanism? Debatable. Is the proper remedy a DMCA takedown of the entire youtube-dl source, or something else? That's all something for a court to decide. Only certain uses of youtube-dl are potentially foiling anti-circumvention devices like "rolling cipher", it's a utility that works on many video streaming sites, (and substantially many of the works on those sites are not protected by "rolling cipher" or similar, possibly any, DRM.)
> I don't know why you're hung up on Betamax.
Has there been a landmark ruling since, that reversed Betamax? It was decided by the Supreme Court, so unless you have one, I don't think I can agree that it is no longer relevant.