"The question is under what circumstances the distributor of a product capable of both lawful and unlawful use is liable for acts of copyright infringement by third parties using the product." Remove "of copyright infringement" from that quote, and it's clear that if they continue this way soon they'll be sueing people for distributing any product "capable of both lawful and unlawful use". So I guess that means that makers of Stanley knives, glass bottles, housebricks, baseball bats and so on, along with the makers of cd-ripping software, video compression software, photocopiers, cameras and dual-deck cassette recorders better watch out. In which case we'll all be living in mud huts. (And hey, I'm sure you can do illegal things with mud too)...