> Paying fines and/or avoiding jail (within the system) are not free as in beer.

Well, in terms of copyright law it really depends. People violate copyright law all the time (see torrents) and vast majority don't pay anything for doing so.

Sometimes people do have to face consequences, but one of the reasons that is so is because of the folks who disagree with and vehemently complain about ridiculous laws that do not represent their views, while simultaneously taking actions to re-enforce the system that gives them those laws (like downvoting comments on HN that remind them they actually do have a voice and a choice in the matter).