DISQUS

now that's doggy style.

Alas!

Another way of stating the problem is this. There is way too much ex-ante regulation of DRM, or discussion of it, based on what it might look like and what it might do. I favor, and I think American law at its best favors waiting to see what actually happens and stepping when harm is clear and proven.

And then by harm a mean real harm: harm to consumers, not industry competitors.

Institutionally, this leads to an anti-DMCA, anti-Induce Act, anti-Pirate Act -- basically anti-Congressional stance, in favor of court-driven copyright. Courts tends to be more ex-poste.

Actually, Yahoo had already lost -- it capitualted years ago. This whole case is a show trial.

I've kind of taken with the MFN idea, though I wonder how it works in practice. Have you written on this?