I would have to agree with you I think. Being caught is not a sign of not being clever, more unlucky. Besides, many people feel that LUK and the author of R4M didn't do anything wrong. I am one of those people. They provided a tool that allowed for fair use backups of legally purchased media. That, apparently, is bad because some people might use that to make backups of media they did not legally purchase. The logic doesn't fit there, either, I think.