It Doesn't Add Up

Two big stories on Ars today:

--The Jammie Thomas $2million-the-labels-will-never-see guilty verdict

and

--File-sharring isn't hurting content creation


So the verdict in the Thomas case is grossly inappropriate and much too exorbitant for the actions the law is designed to dissuade. But, the actions, while hurting the music industry, aren't hurting the creation of new works. So, while we have what, according to the Court, is copyright infringement, we don't have said infringement hurting creation, which is what copyright law, codified in Article 1 Section 8 of the Constitution, exists to protect.

Seems a little counterintuative to me...