Here I am running a automated client, it chooses files by their popularity and holds them for a while so others can download them.

How can I control that? How can you expect me to watch it all the time. Yea, some copyrighted files will pass by, but there is lots of other stuff so how can you shut me down?

You want me to monitor it all the time, well then you pay someone to sit there and do it, I don't have time.

What about servers like free web site places, people put up a site with copyrighted stuff on it, and till it's found, it stays up. You don't see them shutting down the whole place.

Yes, the RIAA will try to scare everyone, how do you think the IRS keeps people paying? every time the 15th comes up, you hear more and more stories of people getting "busted" for "evasion". Fear works real well, look at churches.