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> But, as I understand it, current case law allows copying where it's necessary to functionally make use of a copyrighted piece of work.

Not just case law; it's explicit in statute too:

https://www.law.cornell.edu/uscode/text/17/117

> (a) Making of Additional Copy or Adaptation by Owner of Copy.—Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

> (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

> (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.



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