Several suggestions:

1) Don't try to interpret the wording of the NET Act too literally. The practice of law is based on intent and precident-- and intent and precident can be use to modify the meaning of the specific words that appear in any given law. That is why lawyers make big bucks.

2) The intent of the NET Act was not to establish thresholds that make certain types of theft legal. Legally, theft is theft. One of the intents of the act was to establish a legal mechanism to limit the amount of small claims from going to court.

3) Lastly, and the most fun consideration, is this-- remember that there are TWO legal systems, if you will-- Criminal and Civil. The NET Act is part of the Criminal Code. If a copyright holder thought it was worthwile to go after a small time offender, they would probably do it as a Civil case.