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.
Lawrence LessigWhile appropriation art is critical to art, it's an ambiguous art form in the world of the Supreme Court.
Lawrence LessigI advocate for protecting the liberty of the net, and securing privacy. I argue against people who believe both are somehow given automatically. They're not.
Lawrence LessigThe more important point, however, is not about what the money does. It's about what has to be done to get the money. The effect of the money might be (democratically) benign. But what is done to secure that money is not necessarily benign. To miss this point is to betray the Robin Hood fallacy: the fact that the loot was distributed justly doesn't excuse the means taken to secure it.
Lawrence Lessig