Beginning in the mid-to late 1990s and flourishing in the “oughts,” we began to see a group of scholars that viewed the copyright law as a consti- tutional abomination that thwarted the use of digital technology for both disseminating and preserving digital information. As the general counsel of an information company that had invested billions of dollars in content development, cybersecurity, and information technology in order to real- ize that very potential, these charges came as a bit of a surprise. No one in my industry profited from keeping information secret. Reality notwith- standing, it seemed clear that what were once policy disputes over the proper scope of an author’s protection had become constitutional causes celebre.