I'm not sure how Lessig can seriously consider himself a member of "Free" culture. It seems like his point is that capitalism can be so consumed by the profit motive that it begins to become toxic to itself. This is the standard Marxist idea of contradictions inherent to capitalism: it relies on a basic commons of cultural production and intellectual labor that takes place outside of the market which is then expropriated to generate a profit. Lessig's whole point is to save capitalism from it's own self-destructive tendencies, to preserve the commons so that it can continue to be exploited by private interest. This is what he has in mind when he assures us that copyright is necessary.
it's clear that he thinks copyright is a problem only insofar as it undermines capitalism.
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