Patrik,
You are most likely correct. Eventually the court system will get their head out of their ass and figure this out.
I hope so.
At the moment it seems to me like its way up in there and they are going "Damn, it's dark in here".
Well, since the DMCA IMHO is logically inconsistant, that is not very suprising. I interpret Judge Kaplan opinion in the DeCSS as "I don't really understand this, but if I blame it on Congress and give the plaintiff the victory I will probably look less a fool in the eyes of my peers".
Personally I am glad there are people that are very passionate about these issues because someone has to bitch about it and start getting normal people thinking about it.
Actually I don't think normal people will understand or care very much until it directly affects them, like why can't I record this TV program.
Even my dad could easily see the argument that restricting someone from writing a program is really really braindead (although he has done coding way back in the day). His response was that eventually the court system will figure it out and it'll be over and done with. Seems to be much the same as your response.
Yes, approximately, but don't forget that in the worst case laws can be changed and in the meantime enforcing it will be close to impossible.