Snippet from the Tim Wu interview you should be reading:

EM: You've written, basically, that copyright law is communications policy by other means. Can your last two answers be combined into a single coherent whole?

TW: Yes: Copyright law should limit itself to promoting authorship, and communications law should forget about content regulation. That may, again, not sound very radical, but the fact is that today the two areas of law moonlight for each other in fairly shameful ways. Copyright is used to do things that would be embarrassing to propose in communications policy circles. Meanwhile, the FCC is effectively implementing copyright laws that couldn't get through Congress.