Ah, we’re making headway. Before you were convinced it wasn’t illegal; now you just think that you won’t get caught. You are correct though, that is very unlikely you will get caught for borrowing your friends CD and copying it.
And now, I will explain to everyone what is really going on here, to show how smart I am. Hershe is not willing to copy music if he thinks it is stealing. So, he decides that the halacha is that he is allowed to, and then decides that the law is also that he is allowed to. He is not a lawyer, and does not ask a lawyer, nor does he even do a google search for the readily available information that it is not legal. He finds out about an idea called “fair use” and decides that he is “using” it and he thinks it is “fair”.
This is why no amount of legal authority can persuade him. He isn’t interested in knowing what a court would say about it-he only wants to be able to tell himself that he is not breaking the law, and just needs to be convinced that his reading of the law is more accurate. Thus, he doesn’t care how the courts understand the law- he believes his reading is correct and that is all.
However, he is even wrong about that. In America, the courts do make law. And once they say it-that is the new law, regardless of what the statute says.