coherent justification
The 2 sets of rights being asserted here are not compatible.
a. The conflict between the free expression right to be able to make fair comment using extracts of work made many years earlier where the rights holders have lost interest and are not contactable (ECHR section 10) but we don't know that for sure, and they could still sue concerns incompatible rights.
b. The conflict between the right to be able to communicate freely with friends and others without having communications spied upon (ECHR section 8) unless overriding reasons (e.g. national security) are at stake and justify surveillance, versus copyright holders claimed rights to be able to control all distribution of work concerns incompatible rights.
Legislators have to compromise between incompatible rights asserted by different political interests. This, Mr Orlowski, is what politics is about: who gets what, when and how often. The UK Pirate Party may well be less mature in the presentation of their politics than their Swedish counterparts, but this fact doesn't make the core values behind their arguments any less legitimate. It can take a single issue party to force major parties to stop being one sided on such issues, e.g. because conventional publishers can swing many votes and have failed to present the side of this debate which doesn't suit their interests.
As to how content creators should get paid, that seems obvious. If a clothes shop plays music they are making money from it and have to pay a license to copyright holders for public performance. When non-profit making distribution is made legal, the ISP industry and vendors of blank media will be making money from customers' distribution of content and should, like the clothes shop playing music, have to pay for licenses which can be justified on grounds of sales commissions. Without the content, it seems clear that less bandwidth and blank media would be sold.