I think that Lawrence Lessig summed up the inherent systemic problem those who try to curb piracy are faced with in the first line in chapter four when he said,
Websites like OiNK, TV Links, and Demonoid are the most recent casualties in a growing conflict between media conglomerates and an emerging global file-sharing culture. These sites are also the faces of a growing population which views copyright infringement as a harmless and victimless crime.
The media industry is nowhere close to being able to stop file sharing in any significant way. Their strategy thus far hinges on the hopes that making examples of enough individual people will eventually inspire enough fear in the general public that the risks will outweigh the benefits of getting music, movies, TV shows and software for free.
For now, practices such as having employees at movie theatres wear night vision goggles during film premiers in a laughably desperate attempt to try and catch pirates are making the anti-piracy effort little more than a passing joke.
The industry would do well to learn from artists such as Radiohead, Black Kids, Wale and media companies who have accepted that music will be downloaded and are distributing their music for free online prior to record store releases. Montreal’s beloved Arcade Fire took an even more creative approach establishing a telephone hotline, which played songs from their then-upcoming album Neon Bible.
There seems to be a growing recognition in the industry that the means of piracy have caught up and exceeded whatever control copyright holders used to have. The adage, if you can't beat em, join em comes to mind.
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