That's the question Terry Fisher, Fred von Lohmann, and Kembrew McLeod tackle in a trio of pieces that explore alternatives to mass lawsuits against filesharers and/or harmful legislation like the Induce Act:

Terry Fisher: "[The] record industry's response to file sharing -- trying to block the technology altogether -- would generate the worst of all possible results."

Fred von Lohmann: "While we at EFF have been critical of the overbreadth of the Induce Act, some have asked 'what would you suggest that would target P2P while leaving things like the iPod intact?' Answer: It's not a question of more laws, it's a question of new business models."

Kembrew McLeod: "It would be dishonest, and foolish, to suggest that hammering out a compromise palatable to all sides is going to be easy. But the alternative -- to do nothing, or to pass new industry-backed legislation -- would continue to criminalize the everyday behavior of millions. And it would continue to stifle an innovative way to distribute artistic works."