7 The counter-revolution through law and architecture

7.1 Introduction

The Future of Ideas refers, from the early pages, to the revolutionary threat that internet innovation has created to established industries, and the industries' reaction to this threat in order to protect their interests – the counter-revolution. This section will look in some detail at how law and architecture have been used as the tools of this counter-revolution. It will include specific examples and cases in the battle for control of the Net, some of which are noted in the layers diagram below.

The counter-revolution changes the balance, at each layer, between resources that are controlled and those that are available as a commons. Some control, for example, gets introduced at the code layer, which initially existed as a commons.

Section 6 covered a model of the four constraints on behaviour – law, social norms, market forces and architecture – focusing mainly on architecture. This section will focus on the influence of law and architecture, but first we will examine generally how the four constraints interact with each other.

No one promised us tomorrow.

(Hawaiian proverb)

7.2 Law and the interactions of the regulators of behaviour