I actually have to agree with him that the Digital Millenium Copyright Act is broken because it serves neither party well, as the current Megaload vs. Universal case shows: Megaload makes a lot of money with ads on their download site, but at the same time calls itself a "safe harbour". And on the other side we Universal abusing the DMCA to oppress free speech.

My point is that we could go and try to make a law that fixes both these problems. Or we could just accept that if we put the infrastructure in place to stop all copyright infringement, the same infrastructure will be very effective in stopping freedom of speech. And only after we accepted this, will we be able to start thinking about a better way to fairly(!) compensate artists for their work.