Contracts Vs. Code (3 pts.)
Lessig is definitely an innovative thinker. With the area of intellectual and property law literally changing before our eyes, it is necessary for new and creative ideas to be put forth to control the onslaught of piracy while maintaining an environment conducive to artistic thought. Currently computer code is being used to aggressively control who downloads (makes a copy) or even uses certain files. Music, television, and movies are aggressively controlled on the internet. Sites like Napster and my personal favorite www.surfthechannel.com are now being watched for infringement by major recording, television, and movie companies. While this is understandable, in certain situations this idea of intellectual property is taken too far and interferes with the fair use clause stifling the creative environment.
The fair use clause stipulates uses of original work without permission of the author while still under copyright protection in the spirit of research, criticism, and scholarship. I do a lot of online research for scholarly articles for many of my molecular biology classes. We are often discussing cutting edge research and material that is not accurately covered in any textbook. However, I am continually frustrated by the fact that I can find relevant articles but can only view the abstract. Because of stringent copyright laws and computer code that physically blocks me from viewing the article, my research is inhibited. I often cannot even find the articles when I go through the library website. It is extremely frustrating.
While I realize the internet opens up a whole new venue of distribution of a work with the ability to download files from anywhere on earth, I agree with Lessig that there needs to be a compromise. I like the idea of having a contract between the user and the site allowing viewing and sometimes even downloads on a contractual basis. Rather than setting up a fence with code completely restricting use, one can set up an agreement that is policed in part by users like Wikipedia that is mutually beneficial. A more widespread use is good publicity for the original author without diluting the value of the work.
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I really seem the different between contract and code. For example, I also have same problems like Dalis in gather some information or even download some software through the Internet. I find difficult in find some valuable information like the new innovation and modern technology because there is copyright protection and company or individual code. What make this code confuse me is there are many rules and law regulation that anxious me to download. Typically, contract is seem more understand and seem freer to excess through this thing. Private parties can order their lives freely through contract. Otherwise, the code are create by the connected by state which interest in general, create right that serve a common rather than particular. Lessig said that he worried about if code widespread through all kind of aspects in our lives, so, there will less free culture that make our lives surrounding by every kind of code and prohibit passing through something.
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