I just came across an interesting and underemphasized point on the RIAA lawsuits: “What would be obscene (and immoral on good Kantian principles) would be for the government to prosecute a few 'copyright violators' selectively, as an example to others. If they are going to actually enforce the NET Act, they ought to go after all ten or twenty million of us-an attempt to do which would, of course, bring the entire justice and prison systems to a state of complete paralysis. Selective enforcement of a law is unconstitutional (since it violates equal protection) and unjust; a law that can only be enforced selectively is itself unjust.” Though Steven Shaviro made this point almost two years ago, I haven't seen or heard it anywhere else. In other words, it hasn't really entered the debate.
Here's the link: http://www.shaviro.com/Blog/archives/000029.html.