Apple can claim an action is a violation of their license and TOS and is illegal under the DMCA law. The government must convict to find the person guilty, however. That part is what the courts do. When a bill becomes law, it can be violated at that point. A Law doesn't have to first pass court approval to be a legal law. The supreme court can over rule the Congress and President and overturn the law.
If you believe a law is illegal, then feel free to violate it, be charged with the crime, and then be prepared to fight your case all the way to the Supreme court, where if you win, you will not only be exonerated, but also the law will be overturned.
Some laws are good ones and others are weak. I believe the basic Patent law is good, the new Copyright law is OK but the DMCA is very weak and if ever tested could be overturned requiring a rewriting of many portions of it. Just because something is in digital form why should it be granted extra rights in copy? Personally, I feel fair use needs to be revisited and greatly expanded to allow all forms of copy as long as you never cross the line of "distribution" That means make a copy to play in the other room, but illegal to make a copy to give to a friend. Commercial use would not share fair use rights the same as in home non-commercial use.
If you believe a law is illegal, then feel free to violate it, be charged with the crime, and then be prepared to fight your case all the way to the Supreme court, where if you win, you will not only be exonerated, but also the law will be overturned.
Some laws are good ones and others are weak. I believe the basic Patent law is good, the new Copyright law is OK but the DMCA is very weak and if ever tested could be overturned requiring a rewriting of many portions of it. Just because something is in digital form why should it be granted extra rights in copy? Personally, I feel fair use needs to be revisited and greatly expanded to allow all forms of copy as long as you never cross the line of "distribution" That means make a copy to play in the other room, but illegal to make a copy to give to a friend. Commercial use would not share fair use rights the same as in home non-commercial use.