Originally Posted by John Eppstein
You don't need to be fair to the perps (who you call "customers") or the accessories (The ISPs and their shareholders.)
The shareholders are making money off the crimes - they need to be held accountable for their share of enforcement AT AN ABSOLUTE MINIMUM.
In what way is it unfair to the "victim" to have to pay the enforcement costs? If you win, you aren't out of pocket - you get costs and damages. If you can't afford the initial enforcement costs, find an investor who will loan you the money in exchange for a share in the profits (damages).
Now let's talk "accessories to the crime" and fairness. You act as if the only parties involved are the infringer, the ISP, and the content supplier. It's not that simple.
There's the telco who provided the connection to the exchange.
There's the network provider(s) who passed the data to the exchange nearest the ISP.
There's the (different) telco who provided the connection from the exchange to the ISP.
There's the actual ISP.
There's the network provider(s) who passed the data from the ISP to the ISP of the site providing the infringing content.
And so on... each business a customer of the next.
They all profit from the copyright infringement. Should they all bear the responsibility? I know you think so, but there are laws specifically written to indemnify them from responsibility. Those laws were written because it has long been recognised that holding them responsible for the actions of their subscribers is unfair.