Ernest Miller likes most of the EFF solution to the P2P file sharing problem.

"A Significant Problem: Using Any Software Won't Cut It

Why? Free riders. If people are permitted to freely share files on existing P2P systems, there goes any chance you have of limiting free riding.

Under EFF's proposed system, say I go ahead and get a license. For $5/month I can fileshare with impunity, that is, I can upload songs all day long. The free riders in this system will be the people downloading the songs from me. How do you enforce against downloaders? You can't, at least without draconian technical and legal enforcement mechanisms which I am sure the EFF would rightfully oppose.

What will happen under EFF's system is that a significant number of people will sign up for the system, say 10-20% of the filesharing population (if you are lucky). At this point, you stop getting subscriptions, because the free riders can get all the music they want for free, without fear of legal sanction. Sure, you might have some foolish people who both download and upload, but not many and all you'll do is turn them into legitimate uploaders for a small fee/fine. Suddenly, your $3 Billion/year is only $600 Million or $300 Million. Additionally many fee-paying subscribers will feel like suckers for paying"

He has a solution though - compulsory licenses.

"Compulsory licenses avoid this problem by forcing everyone to pay, regardless. This comes at the expense of heavily involving government, which should be a last ditch solution."