The Majors have a powerful intellectual position, and just giving away the fruits of others' creativity doesn't make the Technocrats nature's noblemen. But it should be easy for the publishers and the record labels to develop a formula for paying people. Some Majors are doing it already. Besides other Majors on the same path, let's look into the claimed technology of Reciprocal, Inc. for protecting and managing digital content while making it attractive to consumers. There will also be many others ready to seed the fields Napster has ploughed.
Judges read the newspapers too.
When a Major wants an injunction with his left hand, but is encouraging the opposite with his right hand, the Judges will notice and may deny the injunction. There may ultimately be no right or wrong on economic issues, but rather, what players in a free society, with enough money to keep fighting, can work out for themselves.