You're missing the point.
Read my original post, where I said that this WILL happen. I have never suggested that removing FSERV will stop illegal filesharing and downloading - having seen the evolution since I first used IRC a decade ago I know it won't.
The point is that, in my opinion, mIRC should drop FSERV in order to protect itself against accusations of being designed as a file-sharing program.
The fact that the message boards actually need a sticky post specifically stating that mIRC is not a file sharing program speaks volumes...
As for "why try...", that's easy - it's a simple question of respecting the law, and not assuming that because lots of other people flout the law, that makes it OK to do so.