A very interesting article with 450+ posts in 2 days. But as usual, most seems to miss the point of the articles with the usual Subs vs Dubs debates. And to play the blame game.
The issue that should be addressed is the business model itself, not the legalities or the whys and hows. If it's not working, then you find ways to make it work. You find alternate means to ensure the products will bring in revenues. Using fansubbers and their fans as scapegoats is just a cropout. They may have contributed to the diminishing markets but it is merely an excuse in an attempt to explain away the deficiencies present in the marketing approach.
There may be hundreds of thousands who download fansubs but they are not customers. Sure, they are potential customers just like the billions of people in this whole world are potential customers. A million people watching the subs are not equal to a million people who would buy. Getting rid of them will only solve a small part of the problems facing the industry. The real customers are those who would buy your products. Target them by adjusting. Ask yourself why these people are no longer buying the products. And how you can get them interested again. Just cranking out DVDs and hoping people will buy is a poor way to do business. And what's worse is to blame others because of your failure to adjust to the changes.