Partly true.
It's very difficult to get taken to court for it - but the threat is there.
Filesharing's had its day, now. People will slowly come around to the fact that the free software isn't worth the Trojan/virus/update/...trouble.
Doesn't matter if you're on their list or not, you're not going to court unless you continue and repeatedly ignore warnings. We're not a draconian society, you know?