I always thought.....
.... that an easy way for defence lawyers to win these cases for file sharers is to get the RIAA/MPAA/BPI to provide a full paper trail to show monies recovered have actually made it to an artist.
There are many many ways to show up the restrictions listed on music and movies as being totally daft. Hell, i'm bored so lets think of some crap ones based on the notes on one of my fully paid for cd's.
Unauthorised copying, hiring, lending, public performance or broadcasting of this recording prohibited.
Copying - How many people directly link their pc optical drive to their soundcard anymore? Not many so they all infringe on copying on a pedantic level if you consider what applications like iTunes, Windows Media player and so on do.
Hiring - Hang on, it's my fault if the local Blockbuster hires me a copy of something not intended for hire?
Lending - 'Hi mate, any chance of borrowing that cd so I can check it out before buying it?' - 'No, i'm not allowed to'
Public performance - Means that the Saxo VTR owners that parade up and down Cleethorpes seafront every weekend are totally screwed.
Broadcasting - Better turn off all of your wireless streaming devices.
Yes I know they are all fairly weak and quite stupid but unless you have spent your life listening to your purchases in your own home through headphones with no one else present, then you have violated one of the above conditions. The industry model is what is at fault, not the user.