It has never been successfully used in any prosecution involving making a personal backup copy. Thus there is no case law that decides this inherant discrepancy in the law.
I don't want to hijack a thread to discuss copyright law, but I was offended by Hyrax's accusation that I am "pressuring" anyone to do anything, and that deserved a response. The issue is closed as far as I'm concerned.
If anyone is so inclined, myself and others would still be interested to learn if Cinavia is active in the latest firmware, by PM or otherwise.