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Abstract:
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From Introduction:
"This article compares the debate between the telcos and the online companies over broadband access regimes (often called the 'network neutrality' debate) to the ongoing tussle between intellectual property maximalists and 'free culture' advocates. These two sets of arguments are strikingly parallel. The same battles are being played out again, but this time at the fundamental level of network transport. Again, a romantic figure is being used�this time, the romantic figure of the 'network builder.'
"Part II of this article discusses the context in which the telco rhetoric of the provider as romantic builder is emerging and describes how this vision is obscuring the central policy choice that should be at the heart of the network neutrality debate: Will open or propertized network access lead to the greatest overall social benefit? Part III compares the network neutrality debate to the continuing battles over intellectual property that Boyle presaged in Shamans, Software, and Spleens. Part IV provides the comparative analysis, assessing the Japanese and German situations. Part V provides a roadmap for future scholarship in this area."
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