A follow-up from the pre-Easter Tenenbaum fair use defense post - a further look at why a court should not address the issue (again) of whether or not file sharing is fair use. As mentioned in the previous post, legal free music is coming. A court decision ruling file sharing as fair use would only hasten the inevitable. This hurrying is unnecessary and would be detrimental to the progress already being made.
Let the People Do It
There are companies in the industry currently working on how to make the music industry work best for everyone, including the fans and artists. Let the industry play it out a little while longer and figure out where its going. Forcing the industry's hand never proves good; it freaks out and reacts without taking time to figure out if its actions make sense.
Allowing the industry players, the musicians, the experts and the fans (yes, they have a say now, too - the musicians are listening) to hammer out a solution that works for all will produce a much better result than a court handing down a decision from on high. Allowing those who have a stake in the matter to develop a solution fosters more cooperation. A value our democratic society is supposed to value. Cooperation in an industry that desperately needs to rebuild its relationship with the rest of us. It also gives those who participate a deeper connection to the outcome; they find value in the product of their creation and are more likely to support it.