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Code (Volume 1 of 2): Version 2.0 [Grands caractères] [Anglais] [Broché]

Lawrence Lessig

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Description de l'ouvrage

1 juillet 2013
Since its original publication in 1999, this foundational book has become a classic in its field. This second edition, Code Version 2.0, updates the work and was prepared in part through a wiki, a web site allowing readers to edit the text, making this the first reader-edited revision of a popular book. Code counters the common belief that cyberspace cannot be controlled or censored. To the contrary, under the influence of commerce, cyberspace is becoming a highly regulable world where behavior will be much more tightly controlled than in real space. We can - we must - choose what kind of cyberspace we want and what freedoms it will guarantee. These choices are all about architecture: what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law and it is up to lawyers, policymakers, and especially average citizens to decide what values that code embodies. Publisher: Basic Books/Perseus. This editon is in 2 volumes. The Second volume isbn is 9781442996465.

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LAWRENCE LESSIG is the C. Wendell and Edith M. Carlsmith Professor of Law at Stanford Law School and founder of the school's Center for the Internet and Society. After clerking for Judge Richard Posner on the Seventh Circuit Court of Appeals and for Justice Antonin Scalia on the US Supreme Court, he taught at The University of Chicago, Yale Law School, and Harvard Law School before moving to Stanford. His other books are Free Culture and The Future of Ideas. In 2002 he was named one of Scientific American's Top 50 Visionaries. He lives in San Francisco, California. --Ce texte fait référence à l'édition Broché .

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Couverture | Copyright | Table des matières | Extrait | Index | Quatrième de couverture
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Commentaires client les plus utiles sur (beta) 3.7 étoiles sur 5  30 commentaires
126 internautes sur 132 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 This item is available free for download 31 décembre 2006
Par M. Baum - Publié sur
You can download this book at no charge in pdf format from Lessig's site.
46 internautes sur 47 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 Extraordinary book - an essential of modern philosophy 9 février 2008
Par Olly Buxton - Publié sur
If you take Web 2.0 at all seriously then, whatever your political or philosophical persuasion, Larry Lessig's Code: Version 2.0 is a compulsory read. My own political and philosophical persuasion is considerably different from Lessig's and consequently I don't entirely agree with either his conclusions or the weight he attaches to some of his concerns, but I still take my hat off to his methodological and philosophical achievement: Code: Version 2.0 presents a novel and undoubtedly striking re-evaluation of some fundamental social, legal and ethical conceptions and makes an entirely persuasive case that our traditional, deeply-held, and politically entrenched ways of looking at the world simply aren't fit for purpose any more.

Intellectually, this is therefore an extraordinary, eye-opening, paradigm shifting, challenging, exhilarating read. (I note some previous comments that this is a book for lawyers: I'm a lawyer, so perhaps that explains my enthusiasm, but this is no ordinary legal text, and should be of interest to anyone with a political, philosophical or scientific bone in their body.)

Lawrence Lessig charts, with a fair bit of technical specificity, the technical and epistemological grounds for thinking that the internet revolution (and specifically the "Web 2.0" revolution) is as significant as any societal shift in human history. Generally, this is not news for people in the IT industry - who deal with its implications day to day - but for our legal brethren, who tend of be of a conservative (f not technophobic) stripe, this ought to be as revelatory (and revolutionary) as Wat Tyler's march on London. Now we have a hyperlinked, editable digital commons, the assumptions with which we have constructed our society need to be rethunk.

For example, copyright: a law framed in the pre-digital era where there was no ready means to replicate "content" which didn't itself involve considerable labour and expense, it made sense to protect intellectual property in this way. But faced with the new commercial imperatives of the digital age, Lessig argues compellingly that the existing legal framework simply cannot apply, that any attempt to fit it to the new social reality which, QED, must have been beyond the contemplation of the framers of the law is a creative (and therefore potentially illegitimate) legal/political act. Down this path, Lessig's arguments have more interest for consitutional lawyers and may lead the lay reader a little cold.

Lessig provides us with an alternative framework for discussing legal issues like copyright, intellectual property protection and privacy, and is convincing that our old tools for conversing on these issues - which predate the digital revolution in its entirely, let alone the internet revolution or Web 2.0 - just won't give us useful answers to our conundrums. Lessig also re-opens the book on what even counts as law - what we mean by "regulability" - in an environment online where the power exists, by computer code, to create "laws" of a more natural kind - that are laws not because they *should* or *may* not be broken, but because they *cannot* be broken.

Lessig's startling conclusion is therefore to reject entirely the utopian wish, frequently expressed by citizens of the net, that traditional legal controls are dead and that Web 2.0 vouchsafes to us an eternal state of libertarian bliss - but to assert that, quite to the contrary, Web 2.0 is, to use his own ghastly expression, "architected" to allow maximum conceivable regulation, and that activities online are capable of a total regulation that, offline, would never have been feasible. Lessig warns therefore that we stand (or at any rate approach) important political crossroads where the public decisions we make as a community about how we allow internet architecture to develop will have a huge bearing on the development of cyberspace - and therefore our rights and personhood in cyberspace - for the hereafter.

Among the fascinating ideas here, which have application way beyond the legal and digital realms, is the "end-to-end principle", by which the internet is (ugh) architected, which says that for a distributed system to be maximally effective there should be the minimum complexity in the basic network necessary to provide common structure to all users so that they can use the information as flexibly as they want: the complexity should therefore be at the edges of the system and in the hands of the user. Thus the core wiring of the internet is a rudimentary router of tiny packets of data which are then assembled by the end user (in a browser or other application). But the same principle applies to physical transport networks (a road system has less intrinsic complexity than a rail system, for example: the complexity on a road network is pushed to the edge and manifests itself in the vehicles we drive: on a rail network by contrast the train is part of the network), and indeed political and social networks (a liberal political regime has less intrinsic complexity than an interventionist one - the complexity is pushed to the edges of the network and users build that amongst themselves). I thought this was a profound insight, and perhaps has implications beyond the scope of Lessig's thesis, and if properly considered have the effect of mitigating some of the alarm he feels.

Just as he rightly brings the utopians to book for believing their hype about this golden new age of freedom - of course governments and vested interests will figure out the net and how to effectively regulate it, like they have every other social revolution since Wat Tyler's time - I think his own vision is needlessly dystopian. It assumes that code will be able, at some point, to regularly, systematically, reliably and effortlessly know every single fact about every one of us - and hence we are ultimately regulable.

But this isn't realistic. Just as it would be impossible to accurately predict the trajectory of a crisp packet blown across St Mark's Square, no matter how sophisticated your equipment and scientific knowledge, the web is too weird, people's applications for it too dynamic and unpredictable and the "true meaning" of our communications too innately susceptible of multiple interpretations for any code to ever fully get the better of us (not even really close). For example, in my organisation I have spent months, with considerable IT infrastructural support, trying to figure how to reliably capture simple, non-controversial attributes of regular documents which routinely and predictably pass between an easily identified and small community of users across a tightly defined and fully monitored part of our internal computer system - and this has proved so far to be quite impossible. The idea that one might reliably capture deliberately masked communications even from this minute sample seems absurd, and the idea that one could do this across the whole world wide web preposterous.

Just as the spammers and virus programmers keep ahead of the filters, our freedom is adaptable and valuable enough to keep ahead of the Man.

Well, that's the hope, anyway. But in the mean time this book is certainly food for thought. It could not be more highly recommended by this reviewer.

Olly Buxton
9 internautes sur 10 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 An Excellent Presentation for the Digitial Future 7 juin 2007
Par David H. Walker - Publié sur
Professor Lessig describes how managing copyright for the digital age will have an impact upon every individual in the future. As we develop and share digitial content how we protect or even abuse copyright will determine if the Internet and other digital technologies will improve information for the global citizen. We stand at the door of one of the greatest era in history, however, how we use and protect digitial information will determine how history will judge our efforts for generations to come. Lessig's book gives us the foundation to build upon and will be up to each individual to determine the final outcome.
2 internautes sur 2 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 Understanding Internet regulation 18 janvier 2008
Par Rolf Dobelli - Publié sur
Before Larry Lessig began teaching a course on "cyberlaw" in the 1990s, few people knew this awkward term for "regulation of the Internet." But Lessig, now a professor at Stanford Law School, has always kept close to the bleeding edge of technology. He started programming in high school and later helped the U.S. Supreme Court go digital. Even this book's development shows the author's geek //bona fides:// He revised it using a "wiki," a software platform that allows multiple users to edit the text simultaneously via the Web. While the book's details have changed a bit since the first edition, Lessig's main point is the same. Because of its design, the Internet is perhaps the most "regulable" entity imaginable and, unless its users are careful, it will morph into something that diminishes, rather than enhances, liberty. Moreover, trying to keep the Internet "unregulated" is folly. While this book is sometimes bloated and repetitive, we find that it is still required reading for anyone who cares about the social impact of the most important technology since electrification.
1 internautes sur 1 ont trouvé ce commentaire utile 
3.0 étoiles sur 5 Code 2.0 17 février 2014
Par James Shuman - Publié sur
Format:Format Kindle
Code 2.0 is a book about the changing meaning of regulation between real space and cyberspace. More specifically, it covers the shift of control over individuals and their actions from architectures of anarchy to architectures of control. Over the course of the book, we see code change, resulting in the conflict between competing sovereigns and the emergence of different communities that embrace varying levels of regulation. However, often philosophies contrast greatly, and soon we may face conflicts as a result of latent ambiguities in pre-cyberspace laws. Lessig also focuses on four types of control: architecture, markets, norms, and law. As these themes develop, Lessig supports his arguments using examples where controversy and ambiguity complicate any simple answer to these questions. The investigation of code and it’s effect on the regulation of people in Code 2.0 provides an in-depth argument on the resulting shift in regulability which explores many of the issues that consumers, companies, and governments may not yet fully grasp.
Code is divided into four themes: regulability and how it works, regulation by code, latent ambiguity, and competing sovereigns (26). In Lessig’s words, “This book is about the change from a cyberspace of anarchy to a cyberspace of control” (5). Part I delves into this, prompting investigation into the differences between anarchy and control in cyberspace, as well as what causes a shift between the two. This relies on an understanding of regulability. Lessig defines regulability as “the capacity of a government to regulate behavior,” and in the scope of his book, such capacity in relation to its citizens in cyberspace (24). Lessig provides examples of both anarchy and control in this context. In one story he details a place where online gambling has been illegalized, but a citizen created a website in a nearby region outside of its jurisdiction. This server was unregulable, and thus created a local cyberspace of anarchy outside of governmental control (16). He details a cyberspace of control in Second Life. Players are allowed to rewrite the code and thus rewrite the world, giving a massive amount of regulability and thus control to the space that is unheard of in real life (11).
Regulation by code differs from regulation by law or other sources, as is explained in Part II (5). Lessig asserts that “cyberspace demands a new understanding of how regulation works” (5). But what makes cyberspace different from other spaces? To understand this question, we need to look at what methods of control are available. Lessig describes four such methods of control: architecture, markets, norms, and law (130). Architecture is the physical constraint of a system that affects our actions. Code is an example of this: we must obey how something is programmed; otherwise, it simply will not work. Markets represent the costs and benefits associated with actions. Simply put, people prefer technology and behaviors that require less effort for their rewards. Norms are the social customs in various spaces. People can be affected by different norms in real life and in cyberspace, as well as by visiting different sites in cyberspace. These norms can be affected greatly by the other forms of control, as they force certain behaviors. The final method of control that Lessig describes is law. Government can take an active role to regulate cyberspace activity, or to gather information on people in order to enforce existing laws. As Lessig describes in other chapters, legal intervention becomes complicated by limitations of architecture and location.
These changes in control lead to latent ambiguity in law. A pre-Internet society would not have been prepared for many of the consequences of code on behavior and regulation. As a result, these laws may not be able to be applied in a fair or relevant manner. Lessig provides the example of searches in relation to the Fourth Amendment. Since searches can be done without inconveniencing the searched and can be programmed to find only information that would be desired without providing information on the innocent, rules against search and seizure start to lose meaning (22). While one’s property may be searched using a computer worm, it is entirely possible that this causes no negative effects on those infected. With this in mind, Lessig questions the validity of previous interpretations of such laws.
Complicating the matter further are the parallel lives one can life in cyberspace. Lessig refers to this phenomenon as competing sovereigns, where the life one lives in their community and as a citizen of the internet differ. Even further, these lives can expressed on servers outside of the jurisdiction of the real world sovereign under which one lives. He talks about a young man named Jake who avoids the norms of his home town to publish hardcore non-consensual erotica online, which would be unacceptable and possible even illegal in real space (17). Jake was living two lives under separate norms that rarely interacted.
Lessig completes his book with Part V on the different choices that are private, collective, and governmental. He states that “the central lesson of this book is that cyberspace requires choices” (26). Architecture often determines who gets to make this choice.
Code details the differences in regulability between real space and cyberspace, and attempts to explain why this is significant. Some code is more regulable than others, and different code leads to different degrees of control. Lessig’s arguments point to a central idea: code is the architecture which controls all else in cyberspace.
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