Tim Wu on Code - Dictionary of Arguments
Lessig I 119
Code/Tim Wu/Lessig: The reason that code matters for law at all is its capability to define behavior on
a mass scale. This capability can mean constraints on behavior, in which case code regulates. But it can also mean shaping behavior into legally advantageous forms.(1)
Lessig: In this second sense, code functions “as an anti-regulatory mechanism: a tool to minimize the costs of law that certain groups will use to their advantage.” (2)
1. TimothyWu, “When Code Isn’t Law,” Virginia Law Review 89 (2003): 679, 707–8.
2. Ibid., 682.
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Code: Version 2.0 New York 2006ff