Z:gnu-www-ja-moglen-harvard-speech-2004--1590b6-I think the actual tool set of/en

I think the actual tool set of Berne-harmonized copyright law has certain limits on the power of the licensor, and I believe that those limits are capacious enough to allow us to create the kind of self-healing commons we have created, but I'm not sure that they would be strong enough to permit the importation of lots of additional contractualizing restrictions as though they were part of the body of copyright law itself.