"Napster agreed to pay music creators and copyright owners a $26 million settlement for past, unauthorized uses of music, as well as an advance against future licensing royalties of $10 million"
Have you ever seen Kim engage in talks for a settlement? Would it even make sense for the industry to settle at this point? You think Sean Parker would still be a free man if he would just continued running Napster as it was?
(The Dread Pirate Roberts was also running an innovative business where users could exchange government restricted goods through a P2P system with a centralized registry, look where that got him)