fair use?

The company that makes the backup utility gamesXcopy is being sued by an assortment of major publishers. I'm very interested to see how this turns out, since the application appears to take significant pains to prevent piracy, though ESA president Doug Lowenstein says, What's at stake here is a rather important legal principle--that products with no purpose other than to circumvent copyright protection are illegal." I wonder if this is a misquote, or if he mispoke. The application copies games, and circumvents copy protection to that end, but not specifically copyrights, which have already been held to be legally open to backup for personal use under the fair use doctrine.