This Intellectual Property is CONDEMNED!

Smart guys like this have astutely pointed out that there are striking differences between real and intellectual property -- as Professor Burk has stated, there are significant limits to the cyberspatial metaphor. And yet, a ruling like this leaves me wondering whether it might not be better for those of us on the side of all that is right and good to simply accept the bogus metaphor and insist that intellectual property rights be mapped precisely onto the rights for real property. Kiss fair use goodbye, but thanks to the Supreme Court(in another of those increasingly common 5-4 votes) we would certainly have a new right of eminent domain - the ability to "condemn" intellectual property if that seizure of property is demonstrably in the public's best interest. And maybe, just maybe, we could get the penalties for downloading a CD (now potentially in the six digits) to track precisely with the penalties for shoplifting.