This is just a quick post urging you to take a gander at a post on TechDirt entitled, “So Many Similarities Between Copyright Law And Prohibition”. It links to a paper written by law professor Donald Harris who compares the efforts of Prohibition against the effort of the RIAA against filesharing. It’s a very good read, so make the time.
For myself, it’s the first parallel situation that makes sense to me in looking at filesharing, copyright, and failed enforcement. Like Harris says in the paper, it’s not a perfect analog but it does hold some truths to it: the content industry is attempting to enforce a set of laws that the majority of society does not feel are just or moral. There has to be a better system that will encourage a greater measure of compliance with creator rights but also balance the need for access.
I need to think on this awhile and let it roll over a few times in my brain before I can answer, but what do you think?