It's not hard to imagine a scenario where individual downloading is decriminalized but large-scale commercial piracy remains illegal. This would stop Netflix from serving Disney's content without a license but it wouldn't stop Joe Public from downloading Game of Thrones or what have you.

Such a regime would encourage content creators to make it more readily available so that users are willing to pay for the convenience, a la Netflix.

I imagine this taking the form of individual copying being okay while distribution is illegal. That would probably have to be regardless of scale and price/commercialization.