You continue to labor under the misconception that an act is only criminal if it has been criminally prosecuted. If a statute makes an act a crime, then committing that act is a crime, even if the perpetrator is never prosecuted....even if the statute is so new that NO ONE has ever been prosecuted for that act.
If backing up your DVDs is defined as a crime, you commit that crime when you copy that DVD. Prosecuted or not, in that hypothetical, the act is still criminal.
No, there is a difference between "illegal" and "criminal", if you follow the links above back to antiRepublican's defense of the Russian hacker's distribution of OSX cracks, search for the word "criminal" and look at how many times he basically admits it was illegal but claims it couldn't have been criminal. It's obvious he understands the literal difference, but was caught here trying to merge the two together to lower the bar for criminal actions, whereas before he was claiming a much more serious offense was simply illegal but not criminal. That's his game though, talk in circles, and baffle the casual reader with BS, it's too bad you fell for it, although I'm sure he's grinning about it.