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[dvd-discuss] What does "availability for use" mean?



The EFF's description of the DMCA exemption requirements--and the Library of
Congress's notice itself--mention this:

(i) the availability for use of copyrighted works;
(ii) the availability for use of works for nonprofit archival, preservation,
and educational purposes;

What does "availability for use" mean?

I can think of two interpretations:
1) it means "what works that are available in the absence of the exemption
would not be available if the exemption were granted?"
2) it means "what could you do with the works that you can't do now without
the exemption?"

The EFF's page gives examples of each of these--which seem to use different
interpretations.  The example for (i) is "Censorware-makers won't cease to make
blacklists if people are allowed to examine them", which is interpretation 1.
The example for (ii) is "Decrypting censorware blacklists allows them to be
archived in human-readable form, and used for educational purposes", which is
interpretation 2.

Reading the notice itself is no help.