] Kahle v. Ashcroft is a lawsuit that challenges changes to
] U.S. copyright law that have created a large class of
] "orphan works." Orphan works are books, films, music,
] and other creative works which are out of print and no
] longer commercially available, but which are still
] regulated by copyright.

The first time I tried to read Erich Fromm's "Escape from Freedom" it was OOP and unavailable. Fortunately it is back in print. Furthermore, with the rise of the internet, used books are far far easier to find then they used to be. But, in any event, the fact remains that there are many orphaned works out there. Have you ever tried seriously to get access to one? If so, lessig needs you.