I have two very quick responses to that, and actually they're varieties of the same one.
I don't think consumers act that way. That's not how we think or operate in the marketplace. We don't draw our incentives based upon the remedies available to copyright holders and the Copyright Act. It's just not on the consumer list of things to do or on their Christmas shopping list: “Consult liability for building a massive library”. It doesn't happen.
The second reason why it's not very consistent with how we act as consumers is that we like new stuff. The provision is $5,000 for what you've done today, but if you go out tomorrow and start amassing a new library, or download, or steal the latest, greatest film, looking forward, you're not immune. The reality is that we all enjoy current content.