The crystal ball has a question mark in its center. There are some fundamental choices to be made. We will either choose to continue to wage a hopeless war to preserve the existing architecture for copyright by upping the stakes and using better weapons to make sure that people respect it. If we do this, public support for copyright will continue to weaken, pushing creativity underground and producing a generation that is alienated from the copyright concept.

The popular choice is not elected as president.

If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.

You and I both know that as long as our representatives are held hostage to their funders - and their funders are not all of us - our system will not work

By the time Apple's Macintosh operating system finally falls into the public domain, there will be no machine that could possibly run it. The term of copyright for software is effectively unlimited.

I think the reality is that copyright law has for a very long time been a tiny little part of American jurisprudence, far removed from traditional First Amendment jurisprudence, and that made sense before the Internet. Now there is an unavoidable link between First Amendment interests and the scope of copyright law. The legal system is recognizing for the first time the extraordinary expanse of copyright regulation and its regulation of ordinary free-speech activities.

The value of "one person, one vote," the value of equality, is a value that was given to us more than 50 years ago as a central part of our constitutional tradition. So, under that principle, we ought to be applying the same standard today that I would have said we should have applied a year ago.