Even if it wouldn't fall under fair use because it broke DRM, I don't think the big labels want to risk a case against someone ripping for personal use only. There is too much risk that the story of the big giant trampling on the honest little guy making a backup will go viral (or anything else that would be fair use except for DRM laws). They know there are a lot of us who don't like DRM, but we don't quite have the power to change things, a few viral stories and the laws will change. (the treaties that require DRM can be renegotiated fast if there is political reason to do so)