The popular choice is not elected as president.

Overregulation stifles creativity. It smothers innovation. It gives dinosaurs a veto over the future. It wastes the extraordinary opportunity for a democratic creativity that digital technology enables.

But, like all metaphoric wars, the copyright wars are not actual conflicts of survival. Or at least, they are not conflicts for survival of a people or a society, even if they are wars of survival for certain businesses or, more accurately, business models. Thus we must keep i mind the other values or objectives that might also be affected by this war. We must make sure this war doesn't cost more than it is worth. We must be sure it is winnable, or winnable at a price we're willing to pay.

If the law imposed the death penalty for parking tickets, we'd not only have fewer parking tickets, we'd also have much less driving.

Creativity builds upon the public domain. The battle that we're fighting now is about whether the public domain will continue to be fed by creative works after their copyright expires. That has been our tradition but that tradition has been perverted in the last generation. We're trying to use the Constitution to reestablish what has always been taken for granted--that the public domain would grow each year with new creative work.

The current term of protection for software is the life of an author plus 70 years, or, if it's work-for-hire, a total of 95 years. This is a bastardization of the Constitution's requirement that copyright be for "limited times."

I find focusing clearly on the problem is the first step to seeing a solution. The problem is (a) the insane amount of time spent raising money from (b) a freakishly tiny proportion of America. Basically .05% are the "relevant funders" of campaigns, meaning candidates can't help but be overly sensitive to the views of that tiny fraction relative to the rest of us. IF that's the problem, THEN the solution is to spread the funders out: to increase the range of us who are the relevant funders of elections, through schemes like vouchers or coupons given to every voter.