Illegal Downloading of music?

The US Code does not require any showing of willfulness to prevail in a civil claim. Civil cases can be won even if the plaintiff erts that the actions were not willful. Criminal copyright infringement requires willful infringement involving commercial gain, items worth $1000 or more, or distributing a work before its release. None of those situations apply here, even if we ume he was willful. Even if they did get convicted in a criminal trial, the fines that result from such a conviction could not be more than $250,000 or double the loss/gain.