1. Even if that's the current legal theory it's bullshit, and I can run code without having copies in ram if I need to.
2. 'if they are permitted by copyright law' Fair Use is part of copyright law, has that specific defense been challenged when it comes to software execution and caches in RAM?
I could run it directly out of a ramdisk, or maybe transfer it to an embedded processor that can run it directly off the flash chip without even a processor cache. There's a whole variety of ridiculous things I could do to avoid the ridiculous restriction.
In practice I would trust fair use and try to use such as a defense if sued.
2. 'if they are permitted by copyright law' Fair Use is part of copyright law, has that specific defense been challenged when it comes to software execution and caches in RAM?