The First Amendment does not include the right to infringe copyrighted works. Distribution of music doesn't hurt anybody. It's promotional and free advertising. It's up to the artist and copyright owner to decide how their music will be heard, distributed, and promoted. Furthermore, approximately 15 percent of record sales support new and emerging artists who are being recorded.
Fewer sales mean less money for new music.
To an emerging artist, every sale counts. The RIAA is continually combing all facets of the Internet, looking for Web and FTP sites that distribute MP3s. Provided by and used with permission of the Recording Industry Association of America.