With a consumer, the loss is much harder to show as it's difficult to prove that if they hadn't downloaded for free, they would have purchased.
But I don't think it's hypocritical to create that divide - after all there are many exceptions already in existence to the right to prevent copying. Private use would just be another addition.
It also reflects what should be the reality, i.e. that in many cases, you will want to pursue the party that is making money from your creation, because they will be the ones more likely to have money to pay damages, plus it will be easier to show damage.
But I don't think it's hypocritical to create that divide - after all there are many exceptions already in existence to the right to prevent copying. Private use would just be another addition.
It also reflects what should be the reality, i.e. that in many cases, you will want to pursue the party that is making money from your creation, because they will be the ones more likely to have money to pay damages, plus it will be easier to show damage.