This response lowered my opinion of Lessig. Does he honestly believe this? In addition to the TOS, there were technical restrictions that Aaron evaded as well.

My Lessig is not always technically correct moment came while reading the future of ideas. He compares radio spectrum to an Ethernet hub, everybody plugs in and it just works. Problem is, there's a reason everybody moved from using hubs to switches, which are a lot more like centrally controlled cell towers. Its not a bad thing, but he is not a bits and bytes person.

I've never fully grokked the physical limits behind these newfangled unlimited spread spectrum ideas. Clearly there has to be some, and not knowing specifically what they are makes me highly skeptical.