If you only have one or two things you're selling, and somebody has already downloaded and watched them, you're out of luck. But if you're bundling with other content serving diverse interests, offering the promise of new content down the road, and giving your audience something for paying that they can't get for pirating, you can set a better hook. Suddenly, when content from you or your partners is pirated, it becomes a loss-leader advertisement for your venture, and the cost of that (and benefit from it) is shared across your group. There's a site that just got featured on Reddit not too long ago, http://www.swearnet.com, that really captured my interest in this regard, if you want to see an example of how this type of thing could work in action.
Piracy always struck me as something only the biggest interests could gain anything from worrying about; an efficiency problem where so much product is being moved that getting 1-2% more of it paid for could make more sense than trying to reach 1-2% more audience, perhaps because they've already saturated their target market.
http://blogs.wsj.com/speakeasy/2010/09/18/film-school-roger-...
and http://www.jstor.org/discover/10.2307/1803469?uid=3739560... are very much worth a read to understand why the film industry views piracy with such trepidation.
If anything that makes the argument for new distribution technologies that could allow the independents to reach greater audiences without using the distribution channels under the control of the major studios.
Where is it right now?
There is a lot of movie piracy. Making movies is very profitable. Both statements can be, and are, true at the same time. So where's the problem?
New technologies tend to increase the amount of piracy and the amount of purchasing, because making media consumption better or easier means that people do it more, both legally and otherwise. In many cases the rate of piracy increases more than the rate of legitimate consumption, but when both increase as a result of the innovation, why prohibit it?
I love how you just throw that out blithely as if it were a well-established fact. In fact, the odds of a given film turning a profit are about 1 in 30. For a detailed examination of the economics of the film industry, I recommend the book Open Wide. For a brief introduction, try this: http://www.baselineintel.com/research-wrap?detail/C8/what_ar... and other articles on this site.
Now, part of this is skewed by the fact that many films are just bad. Not so bad they're good, so bad they're bad - incomprehensible dialog, blurry photography, murky lighting. Let's dismiss 2/3 of films as bad - that's excessive, but let's be harsh. So about 1/10 of the remaining films can make money. Half of those lack commercial elements, they're competent but terribly dull and hard to sell. Of the 5 films you have left that are competently made and have potential commercial appeal, one will sell. There's a <1% chance it will be a hit; more likely it will eventually recoup its costs via foreign sales (as a sweetener in a package) or from rental income via Netflix or the like. That takes about 5 years.
That's indie films. Big studio films tend to lose money more often than not as well. I am on first name terms with one billionaire who writes a single check to pay for all the costs of a big famous film you probably saw 4 or 5 times a year (I would prefer not to mention names). 4/5 of those films lose money despite stars, critical acclaim, excellent technical elements, and a great story. Eventually, most of them will break even - that's why you cast stars, you can extrapolate sales with reasonable accuracy once you know the opening data. But the financial destiny of most films is to offset tax liability for the small number of films that do make bank.
I own a financial interest in a number of the films I've worked on. I keep the documentation mainly for souvenir value, but I have zero expectation of ever seeing a penny from them. I find it amusing but also frustrating when you roll in here and tell me how profitable it is.
You're also not addressing the point: If a new technology increases piracy a lot and increases sales a little, why should it be prohibited? Why not allow it and then give the market a chance to convert those new pirates to purchasers over time by experimenting with different distribution models, so that eventually (like the VCR) it can be made to increase sales a lot and piracy a little?