That's just not right. In its comments, EFF pushes for the Commission to treat noncommercial infringements less harshly than commercial ones. EFF proposed a downward departure from the guidelines for individuals who commit less serious offenses. EFF also argues for the Commission to define the culpability of copyright violators by the retail value of the software that has been copied. The Department of Justice, on the other hand, recommended defining culpability according to the perceived loss to the copyright holder.
Retail value is a much more objective measure of harm.
The Electronic Frontier Foundation is a nonprofit, civil liberties organization working in the public interest to promote privacy, free expression and responsibility in digital communications.