Shouldn't the plaintiffs then single out that particular popular record, and not try to take down the entire catalogue? It goes both ways - if you ask for all you get data about all and that data shows one access/month.
The plaintiff doesn't want to open a loophole. Suppose that one of these records gets used in a major film soundtrack, and now everybody is downloading it. They will have a harder time asserting their ownership if they don't defend it now.
Their approach stands on applying the law as written: "This is mine and you can't have it, even if I don't really much care about it."
As I understand it: in USA law copyright, unlike a trademark, is not invalidated by failure to defend it. You are free to ignore unauthorised copying of, or usage, of your work until such time as you find it sufficiently objectionable.
Their approach stands on applying the law as written: "This is mine and you can't have it, even if I don't really much care about it."