The pirate bay case demonstrated that you don't need to prove a specific instance of infringement, only that occurrence of infringement "somewhere/somehow" was

The pirate bay case demonstrated that you don't need to prove a specific instance of infringement, only that occurrence of infringement "somewhere/somehow" was more believable than the alternative theory that no such infringement has happened. It may be enough to demonstrate that infringement is trivial, and then point to user statistics to demonstrate that infringement is more believable than that infringement has never happened.