Practically (since no prosecutor is going to take this up on their own), you'd need someone dumb enough to affirmatively say "that's my circumvention tool that'

Practically (since no prosecutor is going to take this up on their own), you'd need someone dumb enough to affirmatively say "that's my circumvention tool that's illegal under the DMCA" in order to show standing for a civil case. So even if there was a no commercial use license somehow, it feels kinda like jury nullification where it's not explicitly legal, but de facto legal because of structure of the rest of the judicial system.