So, similar to Popcorn Time then WRT providing vs using? The RIAA lawyers are bringing cases that are disingenuous, because they already know they're covered by fair use?

So to pick a worst case scenario, a pirate uploaded _Spiderman_ to Youtube with the intent of letting people get _Spiderman_ for free using this software. In that case, it's the uploader that's legally liable? Does the RIAA have a case?