The first and least likely treatment lies in the hands of the Circuit Courts: resolve the disparate jurisprudence concerning the culpability of file-sharers for copyright infringement. In the interest of promoting the Progress of the musical arts, this paper proposes three options for the salvation of the recording industry as it lies bleeding under the sword of technological advancement. In file sharing literature, Marxist concepts of relations of production, base and superstructure have regularly been utilized to explain how copyright law allows music to be commodified and sold contrary the needs of listeners, though this dissertation will argue that these concepts are ineffective in explaining why many filesharing advocates still hold the belief that music-making should somehow remain a paid occupation. This work examines the discourse behind The Pirate Bay and illegal music filesharing, acting as a criticism of Marxist subtexts in pro-filesharing literature by using a variety of studies from sociological, legal, cultural and media backgrounds to show how a world of free music would not diminish the capitalist model behind music production, even if copyright law is to be radically revised or abolished. Now that this weakness in the business model of the copyright industries has been exposed, calls for a reform in copyright law have amplified, and many of the advocates of filesharing technologies look to a possible form of digital marxism in which we no longer have to pay to enjoy our music. Swedish filesharing site The Pirate Bay (has continued to operate despite being convicted of facilitating massive amounts of copyright infringement, acting as a defiant statement about the resilient nature of piracy.
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