But intent to contribute to infringement on a mass scale should be
I disagree. Intent in and of itself should never be against the law. I could say, "Please everyone go out and download games and films and music and commit as much copyright infringement as possible." Maybe some people will be persuaded to do just that, but I have no direct control over such people. They are responsible for their own actions and decisions.
I could also tell people to consume illegal drugs and tell them on what street corner they can find some. None of that should be illegal. It's all communication, all speech. The mere imparting of information should never be against the law.
It is never in a civilization's best interest to prohibit the free flow of information. Although it may be in some individual's financial interest to do so. It is precisely for the benefit of a few rich and greedy people that such laws are created in the first place.