[butlerm]

Thanks for the clarification on that. Either way, MAI v. Peak was kind of a disastrous decision that presumably could have easily been resolved under fair use for the service contractor. Congress included Section 107 for a reason, and no doubt part of the logic is that courts use it instead of creating a make work program for Congress on the subject.

That would seem to go double for whichever court decided that ephemeral copies in RAM are "fixed" in a "tangible medium of expression", in direct contradiction of the plain meaning of the term.