"Which is why that's a stupid law, when it doesn't distinguish between creation, deliberate reproduction, and merely viewing."
The original legislation did, and still does, distinguish. Viewing is still different, it's only viewing by making a copy inside a computer that's considered making.
Making was added an 1997 in an attempt to criminalise distribution.
Prosectors and a judges have interpreted "to make" rather literally in the past 20 years, and now we have the situation you describe where any copying, including within a CPU is considered making.
It's the same legal principle that lets copyright law cover *using* software and not just reproducing it.