This probably sounds really stupid, but how do you know when you illegally download porn?
There are some sites that let you download when you pay a subscription, and others that let you download when you join as a member!
Seems you've answered your own question from what I can see.
Unless somebody is scared enough to just give in as soon as some letter arrives in the mail I don't see how this could really be effective. No deterrent effect has ever been successful with electronic piracy, even the ones that were smarter than this, anyhow.
No, Joe Q Public isn't. At minimum these people could win many of these on default as people fail to respond.
I think the consumer ought to come down hard on them not because the consumer of allegedly pirated material is right or wrong but this is IMO a clear attempt to take advantage of a situation and bilk people.
I think if someone broadcasts something they legally own and another person captures it....too bad IMO.
This is just the nature of that business...work to make it tougher to for people to get unauthorized copies of your copyrighted work.
Don't try to go after the very (type of) people who may have spent their money helping your industry become what it is today.
I do admit that I don't know enough about all of this stuff but my basic premise is I don't like them using the system to as a means of raiding the pockets of people who obviously like their work.
Someone is a fan of your work...work with them to give them what they want...not give them the no Vaseline treatment.
But that requires a make lemonade from lemons mentality and not a shyster's mentality.
In an industry where some people try creatively "drive" revenue with things like the "their fish is throwing up bubbles" fund to line their pockets...what else should we expect?