Z:gnu-www-ja-moglen-harvard-speech-2004--344315-=3Cb=3EMoglen: =3C/b=3E So, fundamenta/en

Moglen:  So, fundamentally I think the question that you asked is, Has the law of copyright misuse evaporated entirely? And I think the answer, notwithstanding the Supreme Court's current deference to whatever Congress chooses to say, is no. I think there's still a common law of going too far out there, and as a lawyer who works on behalf of people who are fairly militant on behalf of sharing, I hear proposals all the time about stuff that they think it would be really neat to do that I don't think the copyright law, unalloyed by further contractualization will permit them to do.