Who wins when copyright and free speech clash?

The short answer is, I suppose, it depends on which courts you sue in. (This article at Torrent Freak shows what happened when the Pirate Bay claimed Free Speech rights; both the Swedish courts and the ECtHR ruled against them. If watching the Good Wife, you’ll believe that  free speech is a recognised defence for copyright infringement and monopolistic behaviour), however techdirt.com probably has a more accurate and less optimistic view as to the power of the First Amendment in the USA. …