This goes into who should be liable. I disagree, again, given the DVD Jon precedent (Hacker ‘DVD Jon’ Goes on Trial | WIRED). In that case, the software had a legitimate use, but the ultimate decision was that the substantial purpose was copyright infringement. That pushed the software to only be sold via Aruba to skirt the copyright issues. These companies are on the hook for providing tools that are intended to infringe, as it is how they advertise them.