Indeed law enforcement does not have free hands to decide what laws to enforce. They are being puppeted by big business and government pressure. This issue is less about the law, and more about big business pressuring everyone and their momma to protect their business interests.
I have always thought about The Pirate Bay like a gun shop in the US. Gun shops sell guns and ammo...they help facilitate killing human beings...but we never hold the gun shop responsibile (so long as they comply with licensing laws etc). Why dont we look at The Pirate Bay in the same way? They supply a tool that can be used for wrong doing. It can also be used legitimately (as in the case of guns).
If countless millions of people were buying guns at one gun shop and killing people continuously, of course cops would ignore the actual killers and go after the gun shop.
The gun shop analogy is totally flawed. It's more like a newsletter about how to get away with murder. Except instead of a newsletter it's a website. And instead of murder it's copying things and giving them away for free.
I have always thought about The Pirate Bay like a gun shop in the US. Gun shops sell guns and ammo...they help facilitate killing human beings...but we never hold the gun shop responsibile (so long as they comply with licensing laws etc). Why dont we look at The Pirate Bay in the same way? They supply a tool that can be used for wrong doing. It can also be used legitimately (as in the case of guns).
How is this arguement so different?