If you want a loophole, look at the part where 'selling' software wasn't on the list of exemptions. I think that could create more than a few problems, though

If you want a loophole, look at the part where 'selling' software wasn't on the list of exemptions. I think that could create more than a few problems, though I think the overall idea is a good one. As for the complaints that this might create more legal absurdities, there are plenty of those already. An imperfect solution is better than none.