To Use a Thousandths of Capacity

Restrained by guilt, afraid of malware, nervous about lawsuits, confused in a labyrinth of point and counterpoint about DRM or P2P, what we know about bandwidth is seldom stated this way:

Are those who use less than 1% of the real capacity pirates or are those holding more than 99% of the capacity aside the real pirates?

Who are the heroes and who are the pirates?