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after the fall of Saddam, but this time no government is justifying the
looting that results.
Neither this analysis nor the conclusions that follow are new to the
warriors. Indeed, in a “White Paper” prepared by the Commerce Department
(one heavily influenced by the copyright warriors) in 1995,
this mix of regulatory modalities had already been identified and the
strategy to respond already mapped. In response to the changes the Internet
had effected, the White Paper argued (1) Congress should
strengthen intellectual property law, (2) businesses should adopt innovative
marketing techniques, (3) technologists should push to develop
code to protect copyrighted material, and (4) educators should educate
kids to better protect copyright.
This mixed strategy is just what copyright needed—if it was to preserve
the particular balance that existed before the change induced by
the Internet. And it’s just what we should expect the content industry
to push for. It is as American as apple pie to consider the happy life
you have as an entitlement, and to look to the law to protect it if something
comes along to change that happy life. Homeowners living in a
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