The court system isn't there to turn someone's mistake into your pay day. It's there to put things back to order. It's like when you have information and ask for a favor. You can ask for a favor, and you can publish the information. But the moment you link the two, it's unlawful blackmail.
Copyright infringement is a tort, and statutory damages are provided for precisely because the legislature wants people to get a pay day in such cases.
