Intentional infringement = criminal penalties. Sorry, but that's the rule of law, i.e., the very bed they made for themselves. Everyone knows the Superbowl is proprietary. The NFL says so during the broadcast.
Section 506 doesn't say "sold commercially". It says for commercial or private gain. Any lawyer worth his salt could argue that showing the game at a private promotional event for a company falls under the statute. Much more spurious arguments have been made.
Quoting from here: http://www.justice.gov/usao/eousa/foia_reading_room/usam/tit...
"Emphasis should be placed on the word "purpose," because it is not necessary to prove that any profit was realized. See United States v. Taxe, 380 F. Supp. 1010, 1018 (C.D.Cal. 1974), aff'd, 540 F.2d 961 (9th Cir. 1976), cert. denied, 429 U.S. 1040 (1977). The drafting committee's purpose in retaining this requirement has been to exclude from criminal liability those individuals who willfully infringe copyrights solely for their own personal use. H.R. Rep. No. 997, 102 Cong., 2d Sess. 5 (1992). Evidence of discrete monetary transactions (i.e., the selling of infringing goods for a particular price) provides the clearest evidence of financial gain, but such direct evidence should not be a prerequisite to prosecution. Such a stringent requirement would ignore the plain wording of the statute, which requires only the showing of commercial or financial purpose."
Oddly enough, that would seem to capture broadcasting a stream, even though they probably were thinking of file sharing when they added that language. Equally odd is that if the broadcast had been in an analog format, it wouldn't seem to pass that test.
Apologies if I came off as snippy yesterday. The strident tone of the uncrunched.com link didn't sit well with me, so I read the thread with a rather jaundiced eye.