Fresh from the clogged tubes of teh intarwubs…
"… the first sale doctrine, (relatively) straightforward in the physical world, has been complicated by the easy copyability of digital works, the rise of EULAs, and the use of DRM and activation systems. Did the Castaway decision also pave the way for you to sell your MP3s? And if not, what's the legal status of all that digital media the young people spend so much money on at iTunes and Amazon? Do they own it? Can they sell it? What about those Steam games? Can you resell that unopened copy of AutoCAD even though the EULA forbids it? Welcome to the murky "post-sale" world in the digital age."
"It’s true that the Bush adminstration adopted free market rhetoric. And no doubt some libertarians are scurrying about in embarrassment, fearful lest this will be used to “discredit” free market ideas in the same way that the fall of the Soviet Union was broadly used to discredit the Left. But the people who thought the fall of the Soviet Union discredited all attacks on corporate capitalism were either dishonest or stupid. And the same is true of those who think AIG and Citigroup discredit the free market."
"Viral marketing only works well when you plan for it, when you build it in, when you organize your offering to be spreadable, interesting and to work better for everyone involved when it spreads. If I don't benefit from spreading it, why should I spread it? I won't. If you don't benefit from your users spreading the idea, it might spread, but it won't help you much. So both elements have to be present."