If you want a loophole, look at the part where 'selling' software wasn't on the list of exemptions. I think that could create more than a few problems, though I think the overall idea is a good one.
As for the complaints that this might create more legal absurdities, there are plenty of those already. An imperfect solution is better than none.
As for the complaints that this might create more legal absurdities, there are plenty of those already. An imperfect solution is better than none.