But specifically to answer your question, the reason is that there's an appellate system. And unless you want to argue that the appellate system shouldn't exist, "bad guys" get to use it to argue their case, just like "good guys".
Furthermore, as Pietz points out in his oral argument, Judge Wright was exasperated at how much the justice system constrains punishing bad actors abusing the system. This is a core issue, and it's not as easily solved as waving a wand around.
The fact that they are still being allowed to operate (albeit now using the ADA to extort rather than the copyright law) is a travesty.
https://www.techdirt.com/articles/20150104/12002529596/john-...
I'm not saying it's not frustrating; I am definitely frustrated with it at times as well. But this part of the system, at least, is attempting to maximize "justice" (at the very least, to counteract the parts of the system that do not attempt it)