The interesting loophole for the bittorrent users is the fact that a private company cannot arvest the ip ( http://arstechnica.com/tech-policy/2010/09/switzerland-gathe... ) addresses from trackers, thus making quite hard the prosecution. (And from past cases, it looks like they will prosecute only people that are doing it for money, not for personal use).
Interesting move from netflix, but I'm quite curious how they will handle the localization of the content. Will they provide italian and french content too in Switzerland? Or like everybody else, they will ignore us linguistic minorities?
Anyway, given the current legal situation in Switzerland, uploading data with bittorrent while downloading some music/film is basically a no risk activity.
Now I'm in Latvia for a while and none of those (except for spotify) work without a proxy. So TPB is my friend again.
I have no problem with paying, just make it convenient and reasonably priced (iTunes I think is not, maybe I'm not rich enough).
So people are using free streaming services and direct downloads.