As you would expect most don't take that gamble.

Also, I assume the multiple counts issue also applies to Germany and other countries, so the US penalties aren't necessarily that much worse. (Well, 10 years is much worse than 5 years, but it isn't decades worse.)

If there are seperate trials (even for totally seperate crimes), the sentences are also combined as per above at the later trial (unless the former sentence was already executed).

As far as I know this is not unusual worldwide. Certainly other European countries use a similar system.

[1]: Wikipedia tells me that the US system doesn't ask that question at all. I know absolutely nothing about copyright cases in particular but e.g. starting a filesharing client that distributes many files to many people is still a single criminal act in Germany (civil law is different of course).

If it was an unbiased roll of the dice that would be one thing, and the average and the distribution would be meaningful. But when it's arbitrary it doesn't matter what anyone else got, only what you'll get. And if you have any complaints about your treatment, etc, you're immediately in the full-penalty group.

Everything I've read says the judge is the one who applies the sentencing guidelines. Prosecuting attorneys don't sentence people, as far as I'm aware.

But yeah, after that it's all the judge.

I'm pretty much in the camp that the DA would fuck you up and the police and judge would all be in on it. Try telling a cop what the law is, especially if you're right...