Pure sophistry, responds Yochai Benkler, a Yale Law School professor who specializes in digital copyrights.

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Technological progress is not the only reason why spectrum markets would be a second-best solution, Mr Benkler argues.

ECONOMIST: Economics focus

Benkler equates the court's position with that of a homeowner who demands a payment from every airliner that passes over his property.

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Instead of creating a spectrum market, argues Yochai Benkler, a law professor at New York University, it should now be possible to rely on the market in smart radio equipment without anybody having to control the airwaves.

ECONOMIST: Economics focus