Wired: I Blew It on Microsoft Lawrence Lessig
That behavior [Microsoft's Business Model], the government had charged, chilled competitive innovation. A reluctant DOJ concluded that the only solution was a lawsuit. How else, Microsoft's competitors asked, could the software giant be restrained? If not by the US government, then by whom?
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I was one of those reluctant regulators. As the evidence of Microsoft's practices became clear, I remember well thinking, "Of course the government needs to do something." And I remember very well the universal impatience with the notion that the market would solve the problem. How could it, when any other company was likely to behave just as Microsoft did?
We pro-regulators were making an assumption that history has shown to be completely false: That something as complex as an OS has to be built by a commercial entity. Only crazies imagined that volunteers outside the control of a corporation could successfully create a system over which no one had exclusive command. We knew those crazies. They worked on something called Linux.
I wanted to believe that Linux would prevail. But I'm a lawyer, and lawyers aren't programmed to see how profitable innovation might happen without commercial control. I didn't like the idea of regulation; I just didn't see any alternative. The suits would always beat the rebels. Isn't that why they were so rich?
I think about this mistake whenever I think about the current Microsoft-like network-neutrality debate….
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Will these grassroots alternatives check the power of the big companies? I remain skeptical. But the frantic efforts of traditional broadband providers to persuade states to ban municipal broadband should give you some clue as to the potential of these services.
Those who oppose network-neutrality regulation should also oppose this regulation of last-mile broadband's most important competitor. Municipal competition won't kill commercial broadband any more than Linux has killed Windows. Yet it could change the business model of last-mile broadband, just as Linux has changed the business model of Microsoft. If there's going to be a Linux-like miracle to counteract innovation-threatening broadband business models, then, at a minimum, miracles must not be a crime.
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