Well, what you've actually stated is true. It is a crime to say, for example, "this is how to build a bomb, go use it to blow up the FCC." or to say "here's a gun, go shoot this person I don't like." If you encourage illegal activities, you are liable for those consequences. That's well established law.
The real issue is what gets defined as promoting. The creation of peer to peer software in of itself is not promotion. However, allowing people to trade files anonymously and knowing that 90% of the use is illegal might be considered promoting.
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Well, what you've actually stated is true. It is a crime to say, for example, "this is how to build a bomb, go use it to blow up the FCC." or to say "here's a gun, go shoot this person I don't like." If you encourage illegal activities, you are liable for those consequences. That's well established law. The real issue is what gets defined as promoting. The creation of peer to peer software in of itself is not promotion. However, allowing people to trade files anonymously and knowing that 90% of the use is illegal might be considered promoting.