Yeah, that's a specific example they point out in the guidelines.
But there's another section that also applies to higher ed institutions which remits all damages and criminal charges if they prove they had no knowledge of it (actively) going on. That's the provision they'll probably hide under.
edit: I should clarify, most DMCA complaints are from third parties who get paid from the settlements. Eliminating the financial incentive to pursue legal action pretty much eliminates the threat of prosecution.
But there's another section that also applies to higher ed institutions which remits all damages and criminal charges if they prove they had no knowledge of it (actively) going on. That's the provision they'll probably hide under.
edit: I should clarify, most DMCA complaints are from third parties who get paid from the settlements. Eliminating the financial incentive to pursue legal action pretty much eliminates the threat of prosecution.