We addressed that: both jurisprudence (Grokster) and global copyright laws establish a doctrine of "secondary liability" for incitement to copyright infringemen

We addressed that: both jurisprudence (Grokster) and global copyright laws establish a doctrine of "secondary liability" for incitement to copyright infringement. This right would be enforceable against technology firms if they produced such a technology. The fact that DRM advocates still wouldn't promise not to sue when no law was broken confirms that they weren't interested in DRM's power to curtail illegal activity. (Secondarily, the companies that advocated for DRM never questioned how someone operating under the non-aggression pact would be able to break the DRM; they tacitly acknowledged that this would be trivial -- so whether or not you're worried about secondary infringers like the ones you describe, they would exist, because things that are technologically trivial are impossible to stop, even if they're illegal -- all that EME would do is give these companies the power to stop people who WEREN'T using such tools for infringement and thus wanted to operate in the open; it would have no effect on people who WERE infringing and operating anonymously and in the shadows)