Larry Lessig flagellates himself about losing the Eldred case, which upheld the legality of copyright extensions. He shouldn't: Eldred was unwinnable. (The Court's 7-2 vote is one clue). Besides, the worst of the Sonny Bono Copyright Term Extension Act's effects can still be made to disappear,...

The question is whether it is possible to have a congestion externality in intellectual property, such as the Mickey Mouse character. Literally, the answer is no. Figuratively, it is yes.