Update, 2/10:: ESPN says it will not be pursuing legal action. A spokesperson gave us the following statement:
“We’re disappointed the exhibitor took this route, especially at a festival for an industry whose jobs are most at risk if we are not able to curtail stolen content.”
Correct me if I'm wrong (and IANAL), but I believe it doesn't matter if the injured party does or does not want to pursue criminal charges. That matters for civil charges, but not criminal charges. Those are made at the discretion of the District Attorney.
The injured party can influence the DA's decision of course, but ultimately it's his/her call.
Update, 2/10:: ESPN says it will not be pursuing legal action. A spokesperson gave us the following statement:
“We’re disappointed the exhibitor took this route, especially at a festival for an industry whose jobs are most at risk if we are not able to curtail stolen content.”