Okay so its not fully kicked off but RIAA are trying to bring about the eternal fires of hell and damnation upon file sharers even though the music industry has really been in the toilet long before KaZaa showed up (note to record executives singles don't sell that well anymore). Then there is also the fact that the consumer is way over charged for albums and singles in the first place. This would form some of my basis for my argument if the RIAA tried to prosecute. However saying that it would most likely not be enough so I would use my second line of defense which follows as suit:
If I saw a painter selling a set of the same paintings and bought one of these off him then essentially the painting would be MINE. The painter could not come back later and go "Hey you, you bought my painting but I want it back so give me some more money" because its my property and I can do what I like with it that is my right. I paid to purchase that copyright off the artist and as its now my property they should have no claim over as to what I do with it. Now I can't make copies of that painting because the "concepts" of the painting still belong to the artist I bought it off. HOWEVER if say I trade the painting I have with my "friend" in exchange for a painting they own there is no harm being done. Better yet if I make a "copy" of the painting and exchange it for my "friends" copy of their painting it does even less harm. Why? Simply because we are "Trading" and that is actually a liable and fair act and can not be prosecuted as the act of "Trading" comes under an act by where it is an equal exchange of goods through either equal means or money. This is what I do when I download .mp3's the person I am downloading off I will always message and say look I have xxx, xxx, and yyy if you want them we can trade. Usually they will sometimes they won't in which case I'll only download one .mp3 off that persons discography then if I don't like delete and search for another to see if the collection is better.
As for the future of filesharing theres talk of pay networks my question is why? I don't think pay networks will work at all and its just more money grabbing for what is essentially something that has not cost that much to make. The future of filesharing is either:
(1) Download limit: You have a download limit of the stuff you can download each month.
(2) Free promo tracks: For .mp3's this would be that the album would contain 4-5 "free" tracks these tracks may come with sponsorship for example say your listening to the new Dido track (god knows why) at the end it would say "This track brought to you by: Company, Company, Company, Company". This would allow users to be happy and give them a sample of what the album holds.
(3) Free P2P Only Tracks: These tracks are none representative of that persons album but may well be B-Sides, remastered songs, or live tracks.
(4) Trade2Trade: Basically you earn P2P "Credits" these are based upon the amount of uploads and downloads you trade with others. A very low "credit" rate would mean you would only be able to download a few tracks for free before being kicked off. If you traded at a high amount you could download quite a few free tracks as your "rewards".
(5) 30 Day Trial Listen: This ones a bit of a slightly nasty one but could work. When you download .mp3's you get a 30 day trial to listen to that track. Inside of the file will now be an encryption which will hold that time alloted now matter how many times you reset your clock. After those 30 day's it will ask you to buy the album where that track comes from. If you don't buy the album it will delete the file. But how then do you cancel out those who buy albums and want to store them on there computer? Simple now when you copy the music from your CD no storage will be written to that file. However when you "install" it into your shared folder it will write the encryption that this file is the downloaded version. Thus you will have two versions on your computer one "pure" and one which has been installed to your shared folder called the "download trace".
Anyway those are my defense ideas and where I think P2P may go thoughts?