I have not commented at all on my own philosophy and I have not studied this topic even a tenth as deeply as the law scholar I mentioned in a sibling comment. I do think he made a compelling case that criminalizing the behavior to begin with has some corrosive effects, though.

"This war must end. It is time we recognize that we can't kill this creativity. We can only criminalize it. We can't stop our kids from using these tools to create, or make them passive. We can only drive it underground, or make them "pirates." And the question we as a society must focus on is whether this is any good. Our kids live in an age of prohibition, where more and more of what seems to them to be ordinary behavior is against the law. They recognize it as against the law. They see themselves as "criminals." They begin to get used to the idea.

That recognition is corrosive. It is corrupting of the very idea of the rule of law. And when we reckon the cost of this corruption, any losses of the content industry pale in comparison."

http://www.wsj.com/articles/SB122367645363324303

Possibly of interest, Lessig lost a US Supreme Court case regarding the constitutionality of the a copyright extension act in a split decision 14 years ago.

https://www.legalaffairs.org/issues/March-April-2004/story_l...

He authored the Creative Commons license and is currently a possible candidate for the Supreme Court himself. Note that he's not arguing for copyright infringement, but for a reform of copyright law.