We don't criminalize lock picks though, just their illicit use (and any following actions).
There are other examples in the real world tho, where the distribution/creation of the tool is already illegal (e.g. certain weapons or explosives), because only reacting after damage is done is infeasible.
If fair use tells us that it's ok to use parts of copyrighted works for certain purposes, then there must be a legal avenue for obtaining those parts.
There is massive legitimate use for downloading videos, yet the alleged harm is purely monetary.