Table 11.1

Table 11.1: Overview of the Institutional Ecology

	Enclosure	Openness
Physical Transport	Broadband treated by FCC as information service DMCA ISP liability Municipal broadband barred by states	Open wireless networks Municipal broadband initiatives
Physical Devices	CBDPTA: regulatory requirements to implement "trusted systems"; private efforts toward the same goal Operator-controlled mobile phones	Standardization Fiercely competitive market in commodity components
Logical Transmission protocols	Privatized DNS/ICANN	TCP/IP IETF p2p networks
Logical Software	DMCA anticircumvention; Proprietary OS; Web browser Software patents	Free software W3C P2p software widely used social acceptability of widespread hacking of copy protection
Content	Copyright expansion "Right to read" No de minimis digital sampling "Fair use" narrowed: effect on potential market "commercial" defined broadly Criminalization Term extension Contractual enclosure: UCITA Trademark dilution Database protection Linking and trespass to chattels International "harmonization" and trade enforcement of maximal exclusive rights regimes	Increasing sharing practices and adoption of sharing licensing practices Musicians distribute music freely Creative Commons; other open publication models Widespread social disdain for copyright International jurisdictional arbitrage Early signs of a global access to knowledge movement combining developing nations with free information ecology advocates, both market and nonmarket, raising a challenge to the enclosure movement