"Lulu Says Goodbye to DRM"

[Kevin O. McLaughlin]

Kevin:

The question, then, is whether you can still be subject to a breach of contract claim. In general, you can contract away rights that you would otherwise enjoy.

Also, my reading of the rules is that your purpose for breaking encryption still has to be a fair use.

Yes. So far - and this has only been tested in cases of computer software, as far as I know - breaking DRM to create backup copies for your own private use has been considered fair by the courts (in the USA). Even though doing so violated both EULA and DMCA, and there was no Library of Congress exemption, the courts still sided with the person breaking the DRM. Breaking DRM so you can give copies to other people has been consistently penalized by the courts.