p2p software such as morpheus are created with the sole intention of sharing copyrighted material. That is software to facilitate illegal activity.
Smoking, i can agree with. However, there have been numerous lawsuits where the prosecution successfully won against the tobacco industry. Tobacco is also not marketed as something with the intent to kill you, even if they do, in fact, kill you. p2p apps are marketed as tools to download files illegally. Cars are not sold as tools of murder either. Guns are sold as tools of protection.
I think it really comes down to how they presented themselves. They fucked up, and now we all suffer. Like I said though, if anything this will "hopefully" take file sharing off the radar for a while, and those that aren't idiots about it can get back to really moving the technology forward.