Honestly, what can the developers do to prevent their software from being used illegally? Nothing. They can add stupid little questions like that, which serve no real purpose. Beyond asking semi rehtorical questions there isn't much that can be done.
I think it's rather unfair to punish the cooperation for the user's actions. That would like suing H&K for murders commited with guns. Or suing Microsoft for 'crackers' that break into someone's computer using a windows product. Take it a step further, and lets sue Dell for making computers that allow illegal file sharing!
I'm not a fan of the RIAA/MPAA, wholy because they're doing it for the wrong reasons. They're going after these huge lawsuits because of the $$. Not because sharing copyrighted material is wrong. It makes me sick that eDonkey has had to "throw in the towel"
now because of these cases against Grokster.
I think the judge(s) presiding over the case should have a formal knowledge of programming, and software development. Otherwise the case CAN NOT be presented properly.