The two actually have nothing to do with each other. Many "proprietary" software projects are done in an incremental, release-often mode. Many "free" software projects are done in a waterfall, plan-design-code-test-release mode.

By promulgating this myth, you are actually doing free software a big disservice, by limiting it to a certain style of development.

Go away, ponder, then come back and repent.

Just a quick read of the 1998 immunity law makes it clear that "without selection of the material" and "without modification of content" is intended to provide immunity for user-generated content as opposed to ISP-generated content. In other words, the ISP doesn't select material or modify content to create content, it just makes what the user created available over the network.

Simply *blocking* undesirable content would not fall under selection or modification. Tim Wu is frothing hyberbolic because he is so against network filters and AT&T. He's lost his objectivity (if he ever had any).

Using Tim Wu's argument, closing an AT&T-network-hosted child porn website would violate the 1998 law.

This may WELL BE a stupid move by AT&T. But "it's illegal" is a complete red herring.