Innovative technology has created interesting legal scenarios and precedents. We in the US are fortunate that some of the best lawyers reside in Silicon Valley where most of the early Internet pioneers started. During this formative stage, the courts and the US government took a very forward-thinking approach towards the Internet. The combinations of the US government taking a hands off approach and even providing tax-breaks for Internet commerce, coupled with tech giants guided by savvy legal advisors led to the US dominance of the Internet.

The high profile case of the RIAA instituting a huge royalty premium for Internet broadcast music is being watched very closely. If the RIAA wins the right to institute this new royalty structure, Internet radio properties may suffer massive losses, and may not have the ability to continue. The D-Day is fast approaching for this new royalty structuce. The Internet radio advocates are hoping to win a stay while they continue to pursue the rollback of this royalty premium. It will be interesting to see the outcome of this battle. An RIAA victory provides a legal and business model to those looking to institute stronger regulations and restrictions on technology companies and innovations. This additional legal friction could slow down technology innovation in the US and leave our leadership in this space in jeopardy. The walled-garden approach of wireless carriers in the US has already put the US 2 years behind many parts of Asia in the mobile space. Can the US maintain our leadership position in the Internet in a technology-hostile legal environment? Let's hope this question is only hypothetical and not one that we will have to answer in the near future.