Yes, I didn't want to imply that not suing in other cases would change the legal options. And while I'm not deeply familiar with the topic, I just remember that determining damages depends in part on the price you charge for licences. So I think when you don't licence but tolerate unlicensed distribution, it becomes harder to argue for damages.

Though as another commenter has pointed out, in the U.S. at least there are statutory damages.