I can’t name any cases off the top of my head, but I don’t see a reasonable court equating hypothetical future earnings with present losses.

Like if it was “he stole my harvest of beans that I was going to sell at market” then yeah the harm is obvious, but when it’s “well I’m not selling the beans now, and I’m not planning on selling them in the future, but someday I might, therefore no one else should be able to appreciate beans in the meantime” that’s ridiculous. Especially since piracy is not theft; the number of beans has not changed.