I prefer to describe this as the basic problem of trying to implement a contradiction in reality. Add to that the inevitable expansion of the state in the hands of state capitalists (as opposed to a true free market) and it is equally inevitable that IP will trump private property. Lessig has no fucking clue as to why he must lose this fight because he is fighting with one (or even both) hands tied behind his back as a result of fundamentally flawed thinking. You cannot justify intellectual property which is an oxymoron and then hope to restrain the laws concerning it.