I've just written a column for Muziek en Beeld, a Dutch magazine for the entertainment industry, where I tried to make a point similar to what Mark Pesce is saying here.
"If Napster hadn't been run out of business by the RIAA, it's unlikely that any need for Gnutella would have arisen; if the RIAA hadn't attacked that single point of failure, there'd have been no need to develop a solution which, by design, has no single point to failure. It's as though both sides in the war over piracy and file sharing are engaged in an evolutionary struggle: every time one side comes up with a new strategy, the other side evolves a response to it. This isn't just a cat-and-mouse game; each attack by the RIAA, generates a response of increasing sophistication. And, today, the MPAA has blundered into this arms race. This was, as will soon be seen, a Very Bad Idea."