I agree that there is a difference, but I'm not sure that the courts do. Consider what Adobe's interpretation would be if someone was merely linking to a torrent of their software, rather than directly publishing it. Then consider that in this case their negligence yields them financial gain.
I don't know what the legal standard is in this case --- my question is genuine. But I do know that I consider Adobe's stance reprehensible, and as an affected party I would willing to be the lead plaintiff in a class action suit if a qualified attorney would like to take this on.
They're not exactly trying to get it taken down either. I'm sure that their legal team could make that happen, if it was in the company's best interest.
