 differentiating one's network. 21 One of the best cur- rent examples is the manner in which DBS provider DirecTV is using an exclusive programming package known as "NFL Sunday Ticket" to enhance its ability to compete with cable television. Indeed, it appears that exclusive access to NFL Sun- day Ticket constitutes one of the major factors helping DBS emerge as a viable competitor to cable. If regulators were to view this exclusivity arrangement solely in static terms, they might be tempted to appease cable customers who have expressed frustration at their inability to purchase NFL Sunday Ticket by requiring that the package be made available on both platforms. Doing SO would reduce DBS's ability to compete by eliminating one of the primary inducements to shift from cable to DBS. 22 In other words, banning exclusivity would only serve to entrench the domi- nant position that local cable operators have historically enjoyed over multichannel video distribution, which has long represented one of the central policy problems confronting the television industry. Another example that should be familiar to practicing lawyers is Lexis's efforts to differentiate itself from Westlaw. In past years, Lexis attempted to distinguish its services by obtaining exclusive access to the full-text version of the New York Times (Ojala 1997). More recent efforts include Lexis's acquisition of the exclusive rights to the Shepard's citator system (Liebert 1999). This exclusivity arrangement is doubtless a source of frustration to those who previously accessed Shepard's through Westlaw. That said, these exclusivity rights have helped Lexis to survive despite the significant advantages West enjoys by virtue of its role in publishing case reporters. It also has forced Westlaw to develop a new product called Key Cite to compete with Shepard's. These examples illustrate how using nonstandardized protocols and exclusive access to content - the precise practices that network neutrality would condemn - can in fact facilitate competition in the 