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It isn't that you can't win. There have been thousands of cases where companies have sued and won or settled out of court. The problem is all of those cases have done nothing to curb overall piracy.
I guess if you have a company and you sue copyright violators, win and it is profitable that can help you replace some of the lost revenue from piracy, but it doesn't seem to be deterring other people from downloading the content illegally.
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