Isn't this the issue everytime someone downloads a song since every p2p & torrent client automatically shares the stuff you download? It seems silly to punish her for a systematic feature of the software she used to download the tracks.

I dunno - it seems that if we're going to punish her for sharing as well, do we then not go after those 7-8 people that downloaded from her? Seems like there's a bit of double-dipping that's possible here (which again would lead to an Infinite amount of damages).

But i'll give you that. We're now at $8-$10 a track. Which makes her fine somewhere between $200 and $17,000, still orders of magnitude less than the actual outcome.