This speaks to first principles. I don't want judges making law - and any good judge doesn't want to make law. Laws are from elected legislatures. Of course this is all wishful thinking.

If a judge had ruled differently in the Betamax case, we'd still have the ability to vote in representatives who'd enact a law that explicitly gave us the right to record for personal use. Judges should only have power to decide what a law means in situations where it's not already clear how or if the law applies.