If the law reached a point where the defendant in all of those scenarios would be found not guilty provided they were wearing a t-shirt at the time saying "My intent is to not kill someone", then we would probably agree that the law is not fit for purpose.
Similarly, if the difference between illegal software and legal software is the value of a random ID in a unit test, or the presence of a boilerplate "Please don't use this for copyright infringement" message in the README, then the law isn't really "promoting the Progress of Science and useful Arts", it is just a gotcha trap for developers who forget to copy-paste a piece of text.
The equivalent from the Prohibition Era would be the warnings on "grape bricks" that told buyers "not to leave that jug in the cool cupboard for 21 days, or it would turn into wine".[0]
Similarly, if the difference between illegal software and legal software is the value of a random ID in a unit test, or the presence of a boilerplate "Please don't use this for copyright infringement" message in the README, then the law isn't really "promoting the Progress of Science and useful Arts", it is just a gotcha trap for developers who forget to copy-paste a piece of text.
The equivalent from the Prohibition Era would be the warnings on "grape bricks" that told buyers "not to leave that jug in the cool cupboard for 21 days, or it would turn into wine".[0]
[0] https://www.thedrinksbusiness.com/2017/07/rare-prohibition-g...