While this story is by no means over, it seems to suggest a bit of blue sky is about to open for those opposing the RIAA demands for rich compensation from those convicted of music piracy. In the case of UMG v. Lindor, the defendant argues that the penalty allowed under the law is excessive, $750 a song, unconstitutionally far exceeds the actual value of what was stolen which she argues is about 70 cents a song. The judge has ordered the plaintiffs to report their actual expenses incurred and they have responded that they can't except at great expense. Eric Bangeman offers a good discussion of the legal issues involved link here.

I suppose that if the per-song penalty is set low enough, the RIAA and its members will not have much of an incentive to sue it would cost too much. But that is probably why the final outcome will depend on the result of appeals.