In any event, the DMCA reads "No person shall circumvent a technological measure that effectively controls access to a work protected under this title"...
Circumventing DRM must result in a Title 17 violation to violate the DMCA. Adding apps to a phone or changing its behavior doesn't violate any part of Title 17. It's no different than defeating cell phone carrier locks.
Q: The US incarcerates the largest percentage of its citizens as compared to other countries in the world. What's a few hundred thousand (or million) more DRM-evading phone-rooting criminals added to that?
Circuit court precedent is only binding to courts below THAT circuit. While other circuits may cite the opinion they are not bound to it. We saw this with rulings on the Healthcare affordability act. Only a SC ruling is binding to all the courts.