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 LessigWe are on the cusp of this time where I can say, "I speak as a citizen of the world" without others saying, "God, what a nut."
Lawrence LessigTechnology means you can now do amazing things easily; but you couldn't easily do them legally.
Lawrence Lessig