It is one thing to attack copyright for being used against consumers who wish to use media, however it is a different issue when a third party is copying your platform wholesale and then deriving revenue from that act of copying. I think in this case, copyright still has a role to play i.e. where a third party is monetising your copyright rather than simply using it.
With a consumer, the loss is much harder to show as it's difficult to prove that if they hadn't downloaded for free, they would have purchased.
But I don't think it's hypocritical to create that divide - after all there are many exceptions already in existence to the right to prevent copying. Private use would just be another addition.
It also reflects what should be the reality, i.e. that in many cases, you will want to pursue the party that is making money from your creation, because they will be the ones more likely to have money to pay damages, plus it will be easier to show damage.
