Then I guess you don't remember the early 1990s when Congress was already freaking out about how much porn was being distributed on this new Internet thingy tha

Then I guess you don't remember the early 1990s when Congress was already freaking out about how much porn was being distributed on this new Internet thingy that most of them had never even tried to use at that point. But to the main point, excluding porn from copyright protection means going back to the days of prudes using obscenity laws to suppress works they didn't like and requiring their publishers to go to court to defend them (i.e, D.H. Lawrence, James Joyce, William Burroughs, Alan Ginsberg, etc.).