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John Tehranian's paper INFRINGEMENT NATION: COPYRIGHT REFORM AND THE LAW/NORM GAP [PDF] has been linked to all over the place by now, but if you haven't seen it yet, it's worth a read.
what are we to make of this paradoxical gestalt where the Supreme Court has simultaneously embraced and rebuffed the Internet’s status as a unique medium and where educated observers recognize that digital technology has simultaneously spurred unparalleled rates of piracy and granted heretofore unknown levels of control to copyright owners? And, with Benjamin Kaplan’s caveat in mind, what are we to make of a symposium entitled Fixing Copyright, a designation that presupposes a broken system in need of reform? Clearly, we are only beginning to grasp the massive changes afoot with the advent of digital technology.