AARP, "Tangled Web: The Internet and Broadband Open Access Policy," January
2001, research.aarp.org, 13.

[10-20] See, e.g., http://web.mit.edu/Saltzer/www/publications/openaccess.html. For Saltzer's
model licenses for cable access, see http://web.mit.edu/Saltzer/www/publications/
clauses2.html.

[10-21] See Brock Meeks, "Excite@Home Keeps a Video Collar," _ZDNet_News,_ Novem-
ber 1, 1999, at http://www.zdnet.com/zdnn/stories/news/0,4586,2385059,00.html. See
also Harold Feld, "Whose Line Is It Anyway?: The First Amendment and Cable Open
Access," _CommLaw_Conspectus_ 8 (2000): 23, 34; Mark Cooper, "Transforming the In-
formation Superhighway into a Private Toll Road," _Colorado_Law_Review_ 71 (2000):
1011, 1055. An industry trade journal notes that both Excite@Home and Road Runner
limit consumers to ten-minute streaming segments. "PC-TV Convergence Driving
Streaming Industry Growth," _Warren's_Cable_Reg._Monitor,_ March 1, 1999, 1999 WL
6825624.

[10-22] David Lieberman, "Media Giants' Net Change: Major Companies Establish Strong
Foothold Online," _USA_Today,_ December 14, 1999, B2. See also telephone interview
with David Isenberg, February 14, 2001 ("They couldn't possibly open up their system
so that it would have the capability to do TV over IP. That would be killing themselves.").

[10-23] Bar et al., 32.

[10-24] Ibid., 34.

[10-25] Ibid., 35.

[10-26] Ibid., 29.

[10-27] Francois Bar has a similar assessment. See Francois Bar, "The Construction of
Marketplace Architecture," _Brookings_&_Internet_Policy_Institute_ 15 (forthcoming 2001),
(describing the decline of end-to-end).

[10-28] This, of course, is assured only if there is no actual or effective tying between cable
products and other services that might effectively protect cable from meaningful com-
petition with DSL.

[10-29] See Joanna Glasner, "DSL Rhymes with Hell," _Wired_News,_ January 2001, available
at http://www.wired.com/news/business/0,1367,41433,00.html (DSL numbers); Roy
Mark, "U.S. Scores First Decline in Internet Subscribers," dc.internet.com, May 2,
2001, available at: http://dc.internet.com/news/article/0,1934,2101_756771,00.html
(cable numbers).

[10-30] See Morgan Stanley Dean Witter, _The_Broadband_Report_ (May 2000). See also
David Lake, "Strike Up the Broadband," _Industry_Standard,_ February 2, 2001, at
http://www.thestandard.com/article/0,1902,21892,00.html. ("In the fourth quarter of
2000, cable-modem providers watched their subscriber base increase 19 percent to 4.2
million users. Still, the adoption of DSL is happening at a faster pace. At the beginning of
last year, the number of cable-modem subscribers outnumbered DSL subscribers 5 to 1.
Now that ratio hovers at almost 2 to 1, in favor of cable-modem access. Nevertheless,
cable modems are expected to retain an edge. In 2003, 51 percent of broadband sub-
scribers will use cable modems, while DSL is expected to account for only 37 percent of
the high-speed market, according to Jupiter Research.")

[10-31] Laubach, Farber, and Dukes, 238.

[10-32] The campaign was conceived of by Jan Brandt. "Since Brandt's arrival at AOL
in 1993, membership has grown from 250,000 to 8 million [in 1997]." _Upside_ maga-
zine said that "Brandt's carpet-bombing techniques have redefined the use of direct
mail in the high-tech industry and pioneered the get-something-for-nothing marketing
coups copied by Netscape and other Internet underdogs to achieve brand-name recog-

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