Doc Searls re Eldred:

We don't turn around a pervasive mentality, anchored in conceptual metaphors older than most oaks, in one court calendar, one congressional term, or perhaps even one decade. But we will. In the long run, the absurd will not stand.

I mostly agree with Doc, but I'm worried because the content owners (note I did not say content producers) are goingg to jump all over this, making sure that there is a pervasive sense of the defacto about it, making sure that it is the status quo. They know how loathe the courts and Congress are to go against it.