The phrase "A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace." may allow DeCSS to be legal if, for example, the commercial marketplace can be considered on a per platform basis. I.e. is there a commercial product (system for playing) on Linux (the market place that consists of Linux OS machines) that can decode and play DVDs? If not, then a free ware product looks like it should be legitimate. The same would go for Amiga. No commercial RSA ? Then a freeware version is OK. etc.
