Decius wrote:

The courts may uphold the 1.9 million dollar file sharing fine. If that fine is ultimately upheld it may galvanize broad political opposition to the copyright maximalists. If a 1.9 million dollar fine doesn't galvanize broad political opposition to the copyright maximalists, nothing ever will.

The maximalists' strategy of extremely selective enforcement would seem to reduce the likelihood that a critical mass of the electorate will feel a personal connection to the issue.

Imagine a scenario in which drug use is a capital crime, but there are no virtually enforcement actions. In this scenario, drug use is pervasive in society. Of the few enforcement actions, nearly all are settled out of court and result only in relatively small fines. However, in exactly two cases, the police arrest a casual drug user, convict them, and put them to death. The intent, they argue, is to produce a deterrent effect among the general population. Opponents of the policy say the punishment is disproportionate to the crime. The general public, drug users and non-users alike, remains apathetic.

Consider the case of Cameron Todd Willingham. Despite compelling evidence that Willingham's conviction was unsound, the execution proceeded. There was no public outcry, even though one is more obviously demanded for an invalid conviction than for a disproportionate punishment in the case of a proper conviction. Years later, there is still no public outcry. There will be no outcry.

Now, if the maximalists proposed a large-scale system for automatically issuing infringement fines, a la the motor-vehicle systems for privately operated stoplight cameras, speed cameras, etc., then you might see people getting exercised:

The largest provider of red light camera and speed camera services in the US admitted yesterday that public opposition has begun to affect the bottom line. In an announcement to the Australian Securities Exchange (ASX), Melbourne-based Redflex Traffic Systems reported a nine percent drop in net profit for the year ended June 30, 2009. This has come about in part as motorists increasingly refuse to pay automated fines and use public pressure to force cities to eliminate photo enforcement programs.

RE: Obama Supports $675K File Sharing Verdict | Threat Level | Wired.com