Whether one man, a small business or large corporation, you can choose to be a victim or protect your work.
A couple portions from the DMCA:
If the provider has the right and ability to control the infringing activity, it must not receive a financial benefit directly attributable to the infringing activity.
Applies to Google owned properties and infringing websites monetized with Adsense that are ranking stolen content.
The provider must comply with rules about “refreshing” material — replacing retained copies of material with material from the original location — when specified in accordance with a generally accepted industry standard data communication protocol.
My interpretation of this, when applied to search engines, is that the original content should replace the stolen content in the serps. I don't see any exclusion to rank stolen content merely because Google has or may have penalized the original author's site with Panda, Penguin or any other demotion.
I'm not an attorney, but I'm not a fool either. Seeing so many scraper sites with Adsense outranking the original sites that are not monetized with Adsense was enough to raise my eyebrows.