I think that it's laughable to even think that defending the 'Music Industry' (big record label lawyer) side of this lawsuit is even worthwhile unless you're looking around where the sun ain't shining.
There are hundreds of thousands of artists that release their music to stream or to be downloaded for free. These artists are making more money selling merch and records and loads of tickets.
There are more artists than ever licensing their music for film, television, and new media (incl. video games).
Just because we can download it doesn't mean we were going to buy it in the first place.
Having a surplus of music at our fingertips allows us to spend our money on acts in ways we otherwise wouldn't, like in going out to a few more shows a year and buying more merch, or having a couple more at the bar during the show and being able to afford a cab ride home instead of drunk driving.
We also have more interest in new music and more access to it. Apply the 'old' model to music and we'd be listening to tired old chart-based FM radio.
When we can sit at home with a Paul Simon DVD and have a Dance Party with our friends on the weekend, then flip on youtube to hear a few tracks while a new tab is opened to get onto archive.org and catch the Railroad Earth show we missed last month cause times are generally tight all around - but still afford to eat, drink, and be merry otherwise, nobody needs the fun police banging on their door for an entirely needless copyright infringement lawsuit.
When we're talking about 'the Music Industry' - for the most part it IS adapting. Artists are using their own means to get recording gear, learn how to use it, and employ professionals as they can afford. Promoters still throw events and make money but not they're using media in new ways to promote gigs and get people offline and out of their apartments. Designers still get hired for posters and websites and album art.
The concept of centralized big media money is a thing of the past. Get over it. Aside from 'Clear Channel' and its umbrella, the remaining small acts are not being devastated by digital downloads. Thinking ABOUT CC et.al, there's far less money being spread around the industry and local economies BECAUSE of centralized big media. It's growing and deflating at the same time. Consolidated losses, folks.
It's always funny to me that people still feel the need to debate the issue, citing 'theft' as their argument while we're spending way more than ever before on media of all sorts AND the supplemental products that are never counted with record sales but remain as artist revenue.
Support the current movement or go against the flow and drown. Those are the only 2 options
In the shuffle the chumps get worked out of the equation and the real performers, artists, and businesspeople will remain. Granted, a lot of people get cheated and weaseled out of the equation but that's all part of capitalism and 'showbiz'.
Can't make ends meet as a performer cause the extra $30 a week is all the difference? Get a job or another gig. Can't get another gig? Sure you can. Wash windows...volunteer, pick tomatoes use your 'imagination'.
Maybe there's a bigger reason that you're not making ends meet while complaining about how the world is against you - chances are you're not just complaining about the interwebs.
If you're really made out to be a performer or artist or writer then it'll shine through. If you're not then try harder and stop trying to cut things down while they're clearly working for far more people than ever.
There's more music than ever, more artists than ever, and not as much money in circulation comparatively.
If you don't look at the bigger picture it's your own fault and all you could ever do is whine about it.