Re: Double edge
The point of "not having lost" anything is a matter of perspective. One can also argue that the reputation of the original creator has been tarnished by the third party, which amounts to the revenue of the offending party (because the creator /could/ have made that amount if he/she would have taken the offender's path).
However, as you point out somewhat indirectly, there is no precedent of what "loss" is suffered when we talk about free and open software, or, for that matter, any copyleft style license. This is new territory for the legal profession and has yet to be decided by the courts (at least, in many if not all jurisdictions). Alternatively, the executive branch must update the laws accordingly, but that is a different discussion.
I am merely pointing out that there are reasonable arguments for pleading damages, even if the distribution is free. It will be for the courts to decide what is reasonable in this context.
Biting the hand that feeds IT
