There are several past threads of this article but this comment about how the DeCSS illegal prime was created seemed the most interesting: https://news.ycombinator.com/item?id=1045394 This might be thought of as a human version of a covert channel : https://en.wikipedia.org/wiki/Covert_channel E.g. publicizing the number and expiration date of Bill Gates' credit-card is illegal but what if we wrote a text commentary…
The law cares about intent and outcome. If you intended to publish Bill Gates' credit card number and did so, and if doing so was a crime, you'd be guilty of that crime. This is true regardless of how you published the information. There is no "out" for putting it behind a pretext. It's why sharing child pornography is illegal, even though all the creators are really doing is sharing a set of instructions for someone…
For copyright, it really doesn't. Hence Disney threatening to sue daycares for having Disney character murals on their walls.
While we have since had the four factors of fair use introduced, it still doesn't care about intent; it cares about how the work is used/transformed, but that's different than intent.