The Ninth Circuit cast the decision as part of the historical opposition by the music industry to technological change, beginning with the development of the player piano. Three years ago, the music industry obtained a significant victory when it obtained an injunction shuttering the original music-sharing Napster service.

On July 13, 2004, the FCC issued a ruling revoking the longstanding "pick-and-choose" rule for adopting existing interconnection agreements and replaced it with an "all-or-nothing" rule. This ruling is a significant victory for the incumbent local exchange carriers ("ILECs"), although its actual long-term impact is uncertain.