Derek,

Your observation that one cannot be sued for coypright infringment unless 
damages are proven is way the hell off base. Even if damages have not been 
proven or have not occured, the rightful owner of a copyright may bring an 
action in equity to enjoin the copyright violator from copying. As you may 
know an injunction is a court order telling the defendant to stop his/her 
conduct or spend time in jail.

Ric (BTW did I mention that I'm a lawyer?  :-)  )