] "The practice of filing thousands of lawsuits is a game
] of chicken, and not a sustainable model for the industry
] or the courts," Mr. Zittrain said. "The overall puzzle
] for the industry is how to truly convince the public that
] this is in the public interest."

This is precisely the problem ... everyone knows that what the industry brings to the table isn't worth so much anymore ... and that there's no excuse for artists to *lose money* on albums (see the Negativland analysis/example) that sell for $20 and the middleman is making a killing on.

] He said there was no obvious historical analogue to the
] scattershot subpoenaing of individuals in copyright law
] enforcement, which has traditionally been aimed at
] businesses or people who are profiting from illegally
] copied material. He likened it instead to raids during
] Prohibition, or red-light cameras that catch drivers
] disobeying traffic laws when they think they are
] unobserved. Both have given rise to social outcry, Mr.
] Zittrain said, even though they were used simply to
] enforce the law.