Earlier quoted context omitted.
I've argued about this numerous times: ISP's need to provide customers with an opt-in p2p license that adds a small fee to their monthly bill. This monthly fee is transferred to a central authority, the ISP does not make any profit from this fee. The license would allow users to torrent whatever content they want. Torrent trackers would be fully legal, their only legal obligation would be keeping track of torrent pop…
In Spain we get the worst version of this. Media organizations (the equivalents to MPAA or RIAA) get a percentage of the price of all storage devices (hard drives, flash memory, anything) that are sold, implying that they might be used for piracy. But it's still illegal to pirate! So we're paying for something we MIGHT do, but we still can't do it.
So person A lends some music to person B, person B copies it and returns the original to A. This scenario is legal. The nice thing is person A can be a library.
Now if person A makes a copy and gives it to person B, this is illegal, even if the end result is identical. Bits have color.