...from MIT's Frank Field, who nicely synthesizes the recent discussion happening here, @ Freedom-to-Tinker and @ the Lessig blog:

The stakes in the fight are not making sure that [our opponents'] ideology eventually falls; rather it's all about figuring how to make sure that the damage that derives from the actions based upon the mistaken ideology are not so destructive as to take us all down with it.

Thus, we didn't win Eldred; but we did get Creative Commons. We didn't defeat the DMCA; but we got Chilling Effects. Software can be copyrighted, but we also have the GPL. Companies are learning how IP can be the instrument of a new enclosure movement (PDF), but groups are learning to leverage community to defend the intellectual commons. We're stuck with software and business method patents; but we keep showing just how destructive they are.

Ernest is right; our opponents are not (all) stupid people...Rather, they're acting within the confines of the ideologies that they believe explain the way the world works. They aren't evil or stupid; they're just confused and frustrated. The old methods aren't working, even though they *know* their methods are "right." In fact, they're in exactly the same boat that we are.