Lawrence Lessig has an article up to-day that makes this thread worth revisiting: http://www.tnr.com/article/the-love-culture?page=0,0
It’s an interesting piece by a smart man that has clearly given it some thought. The personal thread halfway through is scary as shit. Of course, he is a law professor and hence concerned with structural adjustments to solve the problem.
But, there is something he hints at and probably has an ideological block to revealing/exploring. He keeps referring to culture as the problem. That seems to also make it the cure. The reason “fair use” is so limited is because people didn’t want to push on those boundaries and have instead opted for a rights regime which then made “fair use” more and more limited and hence an unacceptable option. I like where this leads if only because it resonates with my overall sense of activisim as seizing and not negotiating. Take back “fair use”. Make Murdoch and others spend so much litigating it that it is not a cost effective means of copyright protection.