Glyn Moody calls it libel:
Although it is unclear at this point who Senators Obama and McCain might choose, AAP believes it essential that key officials who will deal with intellectual property issues in a new administration have a full understanding of the importance of intellectual property rights for those who hold these rights and for broader U.S. economic and trade interests. AAP is concerned, for example, that based on their past academic relationship, Senator Obama might choose among his appointments a divisive figure such as Larry Lessig – a law professor and leading proponent of diminished copyright rights.
Suggesting that Lawrence Lessig would make a poor advisor due to an insufficient understanding of the effects of US copyright law, is ludicrous. Not only does Lessig understand copyright, he understands copyright in a digital and networked world – the world some publishing companies fight to put the brakes on using DRM and the DMCA. Most importantly, Lessig understands that our new technologies don’t fit the old law. It’s this mismatch that drives the conflict and division, not him. If anyone has done the work it takes to find a common ground – a solution that not only respects the importance of copyright but is pragmatic in the face of new technology, it’s Lessig.
Obama should not only request Lessig’s assistance, he should beg him for it.