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You jest about WalMart but actually if they are a monopoly then yes they could be though of as common carrier. A much better solution is to break them into pieces.

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"Could be" is not "should be." I would argue that neither should be thought of as a common carrier. There's no natural barrier preventing you from distributing code through other means to run on Android devices, or from setting up your own store to compete with Walmart (probably Amazon is the better parallel here). I don't think "remove any editorial discretion" is a useful answer to any of these scenarios. Decentralization and lack of control is not the panacea that the the-internet-should-be-radically-open crowd thinks, for reasons that a brief history of (mis)use and tragedy-of-the-commons type scenarios illustrate.

But maybe I should hedge this position by learning to write malware so I can have a leg up when the floodgates open. :)

EDIT: Animats makes a great point above in his comparison to railroads. Very apt-sounding comparison. Slides my thoughts around to consider that the difference today is how low the stakes are for would-be content creators - in the past you were much more likely to need a business case to justify, today things are so cheap you might just write an app to troll. If there are policy changes needed, seems like that shift is where they would come from, and that we haven't really talked about it from that side much.

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