I would post a Captain Picard face Palm, but I am just too lazy for that.
I never said that Copyright infringement couldn't be a criminal matter. It just that in a majority of cases it is a civil matter. One of the ways it can become criminal is if you were to profit from the infringement or your actions had lead to a direct impact of a significantly large scale.
The FBI couldn't prosecute this guy if they wanted to, luck had nothing to do with it. The guy is an Australian. What are they going to do? Send the CIA after them. Interpol? Extradite him over copyright? Not saying the DVD warning isn't true, however it is one of those instances of cover your ass and meant for commercial scale level of infringements. Like the Chinese CD factories. It is also American law. Are you willing to ignore another country's sovereignty over Copyright?
Edit proof reading...