Looking at the text of the law, I disagree. It doesn’t require that the service be commercial. The criteria are loose and broad enough that while they may appear to target platforms, they could certainly be abused by creative lawyers to target individuals.
Do you really trust that the RIAA won’t pressure prosecutors into targeting individuals? Heck, if you run a home media server, a good team of lawyers could probably convince a technologically-incompetent jury that you’re subject to this law.
I'm not a lawyer, of course, but how do you read this part:
> It shall be unlawful to willfully, and for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission service that...
“Private financial gain” and “commercial advantage” are so broad that a decent lawyer could probably convince a carefully-selected jury that just about anything falls into one of those two categories.
We found Google’s ad tracking code in your server! (No need to tell the jury how ubiquitous Google Analytics is.) Something like that.
Do you really trust that the RIAA won’t pressure prosecutors into targeting individuals? Heck, if you run a home media server, a good team of lawyers could probably convince a technologically-incompetent jury that you’re subject to this law.