Hastings Law Journal Volume 51 | Issue 6 Article 1 1-2000 The Keepers of the Gates: Intellectual Property, Antitrust, and the Regulatory Implications of Systems Technology Dana R. Wagner Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Dana R. Wagner, The Keepers of the Gates: Intellectual Property, Antitrust, and the Regulatory Implications of Systems Technology, 51 Hastings L.J. 1073 (2000). Available at: https://repository.uchastings.edu/hastings_law_journal/vol51/iss6/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Articles The Keepers of the Gates: Intellectual Property, Antitrust, and the Regulatory Implications of Systems Technology by DANA R. WAGNER* Dramatic technological changes often produce equally dramatic changes in legal theory and practice. As new technology presents the law with unanticipated problems and issues, jurists must decide whether these developments can be accommodated within the established legal doctrine,' whether the doctrine must be substantially revised to incorporate them,2 or whether an entirely new branch of * B.A., University of California, 1996; J.D., Yale Law School, 1999. The author wishes to thank Alvin Klevorick for his encouragement and friendship. Thanks are also due to James Boyle, Carol Rose, Theo Angelis, Max Minzner, David Kiernan, and H. Hamang Patel. 1. For instance, a number of jurists have argued that recent changes in communications technology do not necessitate any novel developments in First Amendment law.