Regulatory capture usually describes government regulators ruling in favor of industry, only to leave office and be hired out by those companies that they helped (instead of helping the general public).
I wouldn't call it regulatory capture when an industry attempts to regulate itself.
The six strikes system was organized with the help of the White House, so it is regulation in all but name. The fact that it is extralegal is troubling, because this means it is beyond the control of the people (via their elected representatives).
Sins of commission vs omission, both are a problem. This has tacit approval as a PC policy hack by the bad guys. Oh, and its about as voluntary as collusion. Or a protection racket. Just enough plausible deniability, opacity, and one-step-removedness to keep it under the radar. But I hope I;m wrong. =/
I wouldn't call it regulatory capture when an industry attempts to regulate itself.