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"Discusses how the Internet revolution has produced a powerful counterrevolution. The explosion of innovation we have seen in the environment of the Internet was not conjured from some new, previously unimagined technological magic; instead, it came from an ideal as old as the nation. Creativity flourished there because the Internet protected an innovation commons. The Internets very design built a neutral platform upon which the widest range of creators could experiment. The legal architecture surrounding it protected this free space so that culture and information--the ideas of our era--could flow freely and inspire an unprecedented breadth of expression. But this structural design is changing, both legally and technically."
Lawrence Lessig (Sun,) studied this question.