I don't see why an offender can't argue rationally against their punishment. Do you argue that the only way you can rationally argue anything is total emotional and situational remove. So the only way you can rationally discuss something is if you don't care? Just how pointy are your ears anyways?
Some copyright holders would argue that they are victims of copyright violations. If Lawrence Lessig released some work under Creative Commons and it was reused in a way that violates the license, I believe that he would be pretty angry. If Richard Stallman found out you had violated the GPL he might burn your house down.