Whatever your philosophical position, if you are skeptical of government power, you should likewise be skeptical of the copyright system that has developed over the last century. That is, not necessarily skeptical of copyright in theory, but of the actual system that Congress has created and that it continues to expand.

You should be skeptical of Congress’s ability to develop a rational policy given the knowledge problem copyright presents and the public choice pressures at work. You should be skeptical of the seemingly unlimited economic bene›ts we’re told stronger copyright protection can produce, and you should instead be concerned about its eœects on innovation. You should be skeptical of the recent trend toward criminal prosecution of even minor infringements of copyright law. You should be skeptical of the growing use of civil asset forfeiture in copyright enforcement.

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It is possible to have a deep respect for copyright—on moral or philosophical grounds, on the basis of economic efficiency, or for both reasons—and still recognize that a particular implementation of the idea of copyright can be ”awed. Our current copyright regime should give conservatives and libertarians pause, if not make them shudder.