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The Cato Unbound online debate about the 10th anniversary of Lawrence Lessig’s Code and Other Laws of Cyberspace continues today with my response to Declan McCullagh’s opening essay, “What Larry Didn’t Get,” as well as Jonathan Zittrain’s follow-up.

In my response, “Code, Pessimism, and the Illusion of ‘Perfect Control,'” I begin by arguing that:

The problem with peddling tales of a pending techno-apocalypse is that, at some point, you may have to account for your prophecies — or false prophecies as the case may be. Hence, the problem for Lawrence Lessig ten years after the publication of his seminal book, Code and Other Laws of Cyberspace.

I go on to argue that:

Lessig’s lugubrious predictions proved largely unwarranted. Code has not become the great regulator of markets or enslaver of man; it has been a liberator of both. Indeed, the story of the past digital decade has been the exact opposite of the one Lessig envisioned in Code.

After providing several examples of just how wrong Lessig’s predictions were, I then ask:

[W]hy have Lessig’s predictions proven so off the mark? Lessig failed to appreciate that markets are evolutionary and dynamic, and when those markets are built upon code, the pace and nature of change becomes unrelenting and utterly unpredictable. With the exception of some of the problems identified above, a largely unfettered cyberspace has left digital denizens better off in terms of the information they can access as well as the goods and services from which they can choose. Oh, and did I mention it’s all pretty much free-of-charge? Say what you want about our cyber-existence, but you can’t argue with the price!

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Is it even possible for companies to strike exclusive deals when teams of nerds across the country have been at work on hacking the iPhone since it’s release in late June? Engadget declared the Apple/AT&T exclusivity deal dead at noon on Friday, so sorry if this story is a little old, but now that media outlets like Wired, BusinessWeek, and CNN are covering the story, I thought that TLF should also weigh in.

I don’t know if I should view this as good news, bad news, or just another lesson in the folly of trying to lock-out the tech set from something as desirable as the iPhone. Exclusivity deals, from a policy standpoint, are like most any other private, legal arrangement to me–they’re perfectly fine. However, the corporate managers of the world may want to start reconsidering exclusivity arrangements that rely on hack-proof tech. Why? Because no such thing exists.

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