Sure, but primary intent is open to interpretation too.
Dig down deep enough and you'll find the very core of computers is about making copies. Colloquially we speak about moving data across memory or transferring it over a network swap a buffer to disk, but that's not what happens. We make copies and often, but not always, abandon the original.
So it's always been kind of hair splitting to discern between different kinds of copying. Piracy and fair use, owning a software vs having a license to use it - it's a gray area.
>primary intent is open to interpretation too.
and I wager about a million kids, people who can't afford games, or just self-righteous pirates are the ones who engage in copying data. Primary intent can be warped by consumer usage, even if the original ideals were noble (see: Bitcoin).
That's probably why some philantropist doesn't want to try and challenge matters like DMCA. It may only make things worse.