This isn't necessarily an apples to apples comparison. For the JTR case to be fairly, one would have to compare ROM or warez distribution, downloading and the resulting litigation.
This seems to be closer to the concept of mashups and remix culture for music, where the copyright and trademarks are not as clear cut.
Neither was Jammie Thomas-Rasset, and yet she was still convicted and ordered to pay $222000 (now it has dropped to $54000).