If you have a better way for someone to make a living being able to do that, and one that would actually happen, then you're welcome to try and do it with your works.
There are dozens of methods of profiting from your work without sueing people and lots of people including me already use them. Unfortunately sueing works too to some limited degree especially in the US and people use it because they want to profit and don't care how much damage they do the creative environment.
It's a licensing violation, which is treated as a breach of contract. That's how contract disputes are settled.
As for "damage to the creative environment," the person trying to making a living off their work is not the one doing damage. The people who believe they are entitled to the work of others are the ones who should bear the sole blame for that.
> As for "damage to the creative environment," the person trying to making a living off their work is not the one doing damage
Tell that to all scared teenagers posting "No copyright infringement intended" because they made something cool while Sony makes its living.
Being exposed to copyright law causes permanent brain damage. Your creativity might never recover.
Some people don't want to make a living out of their creations, they just wan't to create stuff without anyone telling them which components they may and may not use.
