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The RIAA have 1000 reasons not to sue any of their customers, and that hasn't stopped them for a moment. The Agency Cartel are making precisely the same noises these days, too.
And if an American downloads something outside America, then usually he has to consider aspect of both American and local copyright law...it's VERY hard to get a legal copy in that situation, yes.
As to damages, "actually profited" really really doesn't matter. The item is infringing, and it's cost is used to calculate damages as-normal. The financial penalties for infringement are nothing to do with what anyone actually paid...
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