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Someday I will understand Auschwitz. This was a brave statement but innocently absurd. No one will ever understand Auschwitz.

When it has become silly to suppose that the role of our government should be to "seek balance," then count me with the silly, for that means that this has become quite serious indeed. If it should be obvious to everyone that the government does not seek balance, that the government is simply the tool of the most powerful lobbyists, that the idea of holding the government to a different standard is absurd, that the idea of demanding of the government that it speak truth and not lies is just naïve, then who have we, the most powerful democracy in the world, become?

When a client is driven to the utmost extremity, it is warmth and food and ease from pain he wants. Peace and justice come afterward. Rain symbolizes mercy and sunlight charity, but rain and sunlight are better than mercy and charity. Otherwise they would degrade the things they symbolize.

The sand in my boots was sacred sand because it came from a beach of sacred sand. The cenobites treasured up the relics of the sannyasins because the sannyasins had approached the Pancreator. But everything had approached and even touched the Pancreator, because everything had dropped from his hand. Everything was a relic. All the world was a relic. I drew off my boots, that had traveled with me so far, and threw them into the waves that I might not walk shod on holy ground.

You were a danger to them unless you were terribly punished because they might otherwise someday be tempted. A judge or a jailer who has no crime of his own is a monster, alternately purloining the forgiveness that belongs to the Increate alone and practicing a deathly rigor that belongs to no one and nothing.

Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.

“You have bettered yourself,” he said, making such a low bow that the tassel of his cap swept the carpet. “You may recall that I invariably affirmed you would. Honesty, integrity, and intelligence cannot be kept down.”

“We both know that nothing is easier to keep down,” I said. “By my old guild, they were kept down every day.”

Because the prehistoric cultures endured for so many chiliads, they have shaped our heritage in such a way as to cause us to behave as if their conditions obtained today.

A simple idea blinds us, and under the cover of darkness, much happens that most of us would reject if any of us looked. So uncritically do we accept the idea of property in ideas that we don't even notice how monstrous it is to deny ideas to a people who are dying without them. So uncritically do we accept the idea of property in culture that we don't even question when the control of that property removes our ability, as a people, to develop our culture democratically. Blindness becomes our common sense. And the challenge for anyone who would reclaim the right to cultivate our culture is to find a way to make this common sense open its eyes.

So far, common sense sleeps. There is no revolt. Common sense does not yet see what there could be to revolt about.

A free culture has been our past, but it will only be our future if we change the path we are on right now. Like Stallman's arguments for free software, an argument for free culture stumbles on a confusion that is hard to avoid, and even harder to understand. A free culture is not a culture without property; it is not a culture in which artists don't get paid. A culture without property, or in which creators can't get paid, is anarchy, not freedom. Anarchy is not what I advance here. Instead, the free culture that I defend in this book is a balance between anarchy and control. A free culture, like a free market, is filled with property. It is filled with rules of property and contract that get enforced by the state. But just as a free market is perverted if its property becomes feudal, so too can a free culture be queered by extremism in the property rights that define it. That is what I fear about our culture today. It is against that extremism that this book is written.

I'm a lawyer. I make lawyers for a living. I believe in the law. I believe in the law of copyright. Indeed, I have devoted my life to working in law, not because there are big bucks at the end but because there are ideals at the end that I would love to live.

Yet much of this book has been a criticism of lawyers, or the role lawyers have played in this debate. The law speaks to ideals, but it is my view that our profession has become too attuned to the client. And in a world where the rich clients have one strong view, the unwillingness of the profession to question or counter that one strong view queers the law.

The evidence of this bending is compelling. I'm attacked as a "radical" by many within the profession, yet the positions that I am advocating are precisely the positions of some of the most moderate and significant figures in the history of this branch of the law.

The danger in media concentration comes not from the concentration, but instead from the feudalism that this concentration, tied to the change in copyright, produces. It is not just that there are a few powerful companies that control an ever expanding slice of the media. It is that this concentration can call upon an equally bloated range of rights — property rights of a historically extreme form — that makes their bigness bad.