
154 The internet
as
a technology
example
the
permission
to
print
or
copy
a given
number
of
text
selections
in
a
given period or
to
have
the
book
read aloud
to
you. These 'permissions' are,
from Lessig's
point
of view,
euphemisms
for 'controls':
it
is
not
that
if you
violate
the
permissions
you
will be
punished,
but
that
it
is
not
possible
to
violate these permissions,
the
code
of
the
software will
not
allow it (Lessig
2004:
151-2).
In
this sense, technologies like these involve a shift from law
to
code, from
contract
to
control.
The bypassing
of
the
law (contract)
in
favour of control (technology)
considered from a constructionist
point
of
view is a fairly clear example of
the
'shifting
out'
of a
function
from law
to
technology, from people
to
things.
The network of intellectual copyright shifts
out
policing
of
its rules from
people
to
code.
In
so doing, however, as Lessig further points out,
the
network's scope
is
increased (2004: 139),
which
is
another
way of saying
that
further heterogeneous elements are enrolled
into
it. Books
and
cultural works
which
were previously
not
included
under
the
remit
of
copyright law
can
be
become
included
or re-included. Thus
the
re-presentation of works whose
copyright
protection
has elapsed, books whose
authors
have
been
dead for a
long
enough
period
to
mean
that
their
works pass
into
the
public
domain,
can
technically be reincorporated
into
the
network, benefiting from
the
same
technical
protection
as
new
works
by
living
authors
by
virtue
of
the
code.
Thus Lessig cites
the
example of
an
eBook of Alice's Adventures
in
Wonderland,
a work which,
although
in
the
public
domain,
is
subject
to
controls over
copying
and
reading aloud
through
the
code of
the
eBook (2004: 152). Whilst
this appears
to
be
an
'accidental effect' of technical affordances,
in
reality it
is
a 'network effect'
of
network affordances. The
enrolment
of software,
and
software producers, comes
about
through
the
need
to
protect
intellectual
property
but
in
so
doing
alters,
and
coincidently enlarges,
the
scope of
the
term
'intellectual property', from
the
legally enforceable
to
the
technically
regulable.
This
is
characteristic of
the
dynamic
as a whole; each alliance
that
is
made
is
an
alliance
not
with
one
element,
but
with
a network
of
elements.
With
the
likelihood
of
intellectual property infractions being
met
with
punishment
being perceived
as
low, companies have
been
forced
into
'show
trials'
of
individual miscreants
which
are
hoped
to
then
deter others. This, however,
involves a
new
group
of
agencies
in
the
policing
and
detection of this crime.
Thus
the
regulation
of
offences enrols, albeit unwillingly,
internet
service
providers, universities
and
workplaces
that
provide
internet
access
in
so far as
the
shifting
out
of responsibility for policing
to
them
positions
them
as
actors
within
the
network. This also involves
the
interweaving of legal standards
of
proof
and
evidence
into
the
complex
network
as
a structuring element.
When
we
broaden
the
canvas, we
can
clearly see
that
regulation
of
a global
medium
is
of little practical
import
when
conducted
on
a
national
scale.
International
regulation, however, requires
international
agreements
to
be reached,
and
with
them
the
means
of enforcement. From this
the
network expands further
to
include
international
agenCies,
such
as
the
World Trade Organization.
Moreover, a greater range of actors becomes incorporated
in
the
logic
of
intellectual property protection. Software producers
must
anticipate
and
react
to
the
activities of those
who
will seek
to
circumvent
the
controls
they
put
in