Sure, you don't have to have sympathy for criminals if that's how you feel. But that doesn't make you have to agree that a criminal gets a bigger "sentence" then he should, because that's kind of a crime itself.
Also, as Seece said, it doesn't really make sense to do the math on "lost sales". But even when some math is done, and even if you believe Nintendo is suing "for everyone" (kinda hard), even 30% is a lot. The fact that the game was available before launch reduces this ratio, the same goes for the fact that only people with mods to run downloaded games (which means, people who have a lower chance of actually buying anything) could benefit from this.