3) P2P file sharing cannot be stopped.

While Napster may have lost, others will not - simply because there is nobody there to lose. Decentralized file sharing alternatives such as Gnutella and Freenet exist, and it's only a matter of time before they work out their kinks (for Gnutella, scalability; for Freenet, ease of use) and are in a position to take the place of Napster. And because they're decentralized, there's nobody to sue - except the users themselves. And I think we can all agree that would be suicide.

On top of that, there is encryption. Numerous encryption schemes have already popped up to thwart Napster's by-name blocking mechanism, the most notable of which is timwilson.org. The site allows visitors to translate names into completely unrecognizable strings - effectively blocking the blocking software. Assuming that these sites could be shut down by the RIAA (I doubt they could win that case, though), it's still quite simple to set up a mirror.

And, of course, there's always things like my friend Matt Goyer's Offshore OpenNap idea, unrealistic as it may be. Matt's a very creative and intelligent guy, and if anyone can come up with a scheme to keep Napster or it's counterparts alive, he can.

P2P file sharing is here to stay - the recording industry just needs to figure out a way to work with it, not against it.

Next: 4) The record companies must win the consumers, not the legal battles.

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