Now, promotional giveaways are hardly a new or crazy idea, and they don't typically say anything bad about a business model—but I don't think that's really what's happening here. Certainly the Times hopes to convert some of those free readers into paid online subscribers, but there's also a clear pattern in the items they choose to make these exceptions for: huge social events that are attended and discussed by lots of people. In other words, precisely the sort of thing where blogs and social media offer the most competition to a newspaper. Why would anybody pay for Olympic reporting when the web is going to be absolutely flooded with constant updates on every little thing that happens, supplied for free by the fans and hangers-on? If the Times content is behind a paywall, it will be all but ignored.

And this really goes to show why, in the long run, paywalls are unsustainable. If the biggest, most popular topics are the hardest to control—and the ones that lose value the most when controlled successfully—while at the same, time social media and citizen reporting output is growing and expanding to new areas constantly, then the inevitable conclusion seems clear: paywalls are, at best, a temporary way of extracting a little bit of cash at the expense of long-term relevance. If your goal is to directly sell news as a product, but you discover that you have to eliminate your prices whenever product demand is highest, something is clearly wrong—you're trying to apply an old model where it doesn't actually fit, and getting kooky results. The solution is not to keep compromising the broken model, but to embrace the underlying realities (infinite content, no barrier to publishing, the huge value of share-ability) that broke it, and build new models around them.

I asked my class of 20-year-old Elon University students how many were on Facebook. All 33 raised their hands. Many of them suggested they were addicted to the social network. (It was all I could do to keep them off Facebook during class.) I asked how many would pay $1 a month for Facebook membership. All raised their hands.

“Five dollars?” I asked. A few dropped out.

“Ten dollars a month?” I asked. Nearly every hand stayed down.

“No one?” I said. “I thought you guys were addicted?”

A student piped up with an explanation: “Someone will invent something else to take its place that is free.”

I shared this anecdote with a newspaper executive when we were talking about newspaper paywalls. I said that if people wouldn’t pay for Facebook, they wouldn’t pay to get through a newspaper paywall.

We were naive in thinking that this fact alone would lead to a victory in civil case we had deemed frivolous. We did not take into account the politics played in a courtroom -- between judges and counsel -- and the maneuverings of counsel who treat facts casually.