[arebop]

What if the home movie consists of a completely black frame? Wouldn't a blanket exemption for home movies effectively allow unlimited reproduction and distribution of audio files? For this reason, I think a blanket exemption would involve a radical transformation of copyright.

At least one of Lessig's books point out that the subjective fringes of laws together with the court system provide very useful legal flexibility for problems such as this. No one has described a feasible means of achieving both full automation and justice in a legal system, so it's better for automated enforcement mechanisms to err on the side of liberty and to let mistakes be corrected in the courts.