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.
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.