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iar limit on the property right that copyright is (chapter 8). And granting
archives and libraries a broad freedom to collect, claims of property
notwithstanding, is a crucial part of guaranteeing the soul of a culture
(chapter 9). Free cultures, like free markets, are built with property. But
the nature of the property that builds a free culture is very different
from the extremist vision that dominates the debate today.
Free culture is increasingly the casualty in this war on piracy. In response
to a real, if not yet quantified, threat that the technologies of the
Internet present to twentieth-century business models for producing
and distributing culture, the law and technology are being transformed
in a way that will undermine our tradition of free culture. The property
right that is copyright is no longer the balanced right that it was, or
was intended to be. The property right that is copyright has become
unbalanced, tilted toward an extreme. The opportunity to create and
transform becomes weakened in a world in which creation requires
permission and creativity must check with a lawyer.
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