The "Intent to defraud" qualification doesn't make this a "better" DMCA... it makes it a "sounds better" DMCA. It might sound more palatable to some, but a pig in lingerie is still a pig. In reality, all that is required to convince a court that there is merit to a charge of "intent" is a moderately eloquent, well financed legal team. Anyone who believes that the RIAA (for example) is not resourceful or willing enough to establish "intent to defraud" with respect to the development of P2P software, hardware mods, or even academic research, is either delusional or simply has not been paying close enough attention.

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