Code and Other Laws of Cyberspace
Encyclopedia
Code and Other Laws of Cyberspace (1999) is a book by Lawrence Lessig
. It has evolved into a partially wiki-written book Code v2 under a Creative Commons
Attribution-ShareAlike 2.5 License.
) may regulate conduct in much the same way that legal code
(or "East Coast Code", referring to Washington, D.C.
) does. More generally, Lessig argues that there are actually four major regulators -- Law, Norms, Market, Architecture -- each of which has a profound impact on society and whose implications must be considered.
changes not only the technology of copying but also the power of law to protect against illegal copying (125-127). It goes so far as to argue that code displaces the balance in copyright law and doctrines such as fair use (135). If it becomes possible to license every aspect of use (by means of trusted systems created by code), then no aspect of use would have the protection of fair use
(136). The importance of this side of the story is generally underestimated and, as the examples will show, very often, code is even (only) considered as an extra tool to fight against "unlimited copying".
is a continuation of this part of the book; where Lessig argues that too much long term copyright protection hampers the creation of new ideas based on existing works, and advocates the importance of existing works entering the public domain
quickly.
See property
, idea
, copyright
, and intellectual property
articles for discussion about idea as property.
In March 2005, Lessig launched the Code V.2 Wiki to update the book with current information, which he then adapted into a second edition of the book, Code: Version 2.0
, in 2006.
Lawrence Lessig
Lawrence "Larry" Lessig is an American academic and political activist. He is best known as a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications, and he has called for state-based activism to promote substantive...
. It has evolved into a partially wiki-written book Code v2 under a Creative Commons
Creative Commons
Creative Commons is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons...
Attribution-ShareAlike 2.5 License.
Main topic
The primary idea, as expressed in the title, is the notion that computer code (or "West Coast Code", referring to Silicon ValleySilicon Valley
Silicon Valley is a term which refers to the southern part of the San Francisco Bay Area in Northern California in the United States. The region is home to many of the world's largest technology corporations...
) may regulate conduct in much the same way that legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
(or "East Coast Code", referring to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
) does. More generally, Lessig argues that there are actually four major regulators -- Law, Norms, Market, Architecture -- each of which has a profound impact on society and whose implications must be considered.
In detail
The book includes a discussion of the implications for copyright law, arguing that cyberspaceCyberspace
Cyberspace is the electronic medium of computer networks, in which online communication takes place.The term "cyberspace" was first used by the cyberpunk science fiction author William Gibson, though the concept was described somewhat earlier, for example in the Vernor Vinge short story "True...
changes not only the technology of copying but also the power of law to protect against illegal copying (125-127). It goes so far as to argue that code displaces the balance in copyright law and doctrines such as fair use (135). If it becomes possible to license every aspect of use (by means of trusted systems created by code), then no aspect of use would have the protection of fair use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
(136). The importance of this side of the story is generally underestimated and, as the examples will show, very often, code is even (only) considered as an extra tool to fight against "unlimited copying".
Other books
The Future of IdeasThe Future of Ideas
The Future of Ideas: the fate of the commons in a connected world is a book by Lawrence Lessig, at the time of writing a professor of law at Stanford Law School, who is well known as a critic of the extension of the copyright term in US....
is a continuation of this part of the book; where Lessig argues that too much long term copyright protection hampers the creation of new ideas based on existing works, and advocates the importance of existing works entering the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
quickly.
See property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
, idea
Idea
In the most narrow sense, an idea is just whatever is before the mind when one thinks. Very often, ideas are construed as representational images; i.e. images of some object. In other contexts, ideas are taken to be concepts, although abstract concepts do not necessarily appear as images...
, copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
, and intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
articles for discussion about idea as property.
In March 2005, Lessig launched the Code V.2 Wiki to update the book with current information, which he then adapted into a second edition of the book, Code: Version 2.0
Code: Version 2.0
Code: Version 2.0 is a book by Stanford law professor Lawrence Lessig which proposes that governments have broad regulatory powers over the Internet.- The book :...
, in 2006.
See also
- CyberspaceCyberspaceCyberspace is the electronic medium of computer networks, in which online communication takes place.The term "cyberspace" was first used by the cyberpunk science fiction author William Gibson, though the concept was described somewhat earlier, for example in the Vernor Vinge short story "True...
- Information societyInformation societyThe aim of the information society is to gain competitive advantage internationally through using IT in a creative and productive way. An information society is a society in which the creation, distribution, diffusion, use, integration and manipulation of information is a significant economic,...
- Free Culture (book)Free Culture (book)Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity is a book by law professor Lawrence Lessig that was released on the Internet under the Creative Commons Attribution/Non-commercial license on March 25, 2004."There has never been a...
- Internet and Technology Law Desk ReferenceInternet and Technology Law Desk ReferenceInternet and Technology Law Desk Reference is a non-fiction book about information technology law, written by Michael Dennis Scott. The book uses wording from legal cases to define information technology jargon, and gives citations to individual lawsuits. Scott received his B.S. degree from...
External links
Related concepts
- Architectures of Control - looking at the embedding of 'code' in physical products and systems to control users' behavior