Making a "non-commercial" copyright infringement tier would level the playing field a bit. It would still let copyright owners smack down infringers, but it wouldn't allow for the abuse of "settle on our terms or face a $75 million fine!"
There actually already are two tiers for commercial or non-commercial infringement, but they're rarely utilized: there are criminal penalties for for-profit infringement that don't apply to non-commercial stuff; and you know how people always say that statutory damages are "up to $150,000 per work"? That's for willful infringement. The regular tier is $750-$30,000 per work. And, in this context, "willful" does not mean "intentional" or even "I knew this was under copyright, and still infringed" (there's an entirely separate tier for innocent infringement, with 'up to $200 per work' statutory damages). Rather, "willful" means something closer to "malicious". Like, if you hate movie ticket prices, so you pirate and distribute the movie in order to drive theaters out of business. Or if you're distributing pre-release leaked versions, knowing that it will kill the release-day market.
Normal infringement should be in that $750-$30,000 tier. However, infringement defendants have never raised that argument, because they've taken the (always losing) position that $1 should be adequate damages, and for them, even $750 is too much. So, the judges hear one side saying "$150,000" and the other side saying "$1", and only the former is supported by the law, so that's the end. If some defendant were to try to not shoot for the moon, for a change, we might see proper application of these tiers.