1) The scam wasn't known as a scam for certain.
Yes, it was.
Joel, you give people too much credit. Some of us here are dumber than a box of hammers.
Personally I also feel that it is not the PPT operators we should be going after, but rather those who formed part of the Pirate propaganda machine irrespective of whether they operated PPTs or not. So if you operated a PPT, but did not campaign for Pirate you get away with it. Simply providing a service that the market demands.
But if you went around claiming to know the business model, saying stuff like "No-one with half a brain thinks this is a ponzi" and tirelessly shouting down anyone who dares disagree, then you were either on the payroll or so incredibly stupid that others should be warned against paying heed to anything you say. Unfortunately we can't prove who is unethical and who is developmentally delayed. So I suggest that they should be made to choose between scammer tags or dumbass tags. It has to be one of those.