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Analyzing the Production of the Law of Cyberspace
Unformatted Document Text:  19 programmers. By keeping the source code publicly available, developers can build upon others’ earlier work to create more complex and higher quality code. 73 In contrast, this reuse of code is not allowed with proprietary software; instead future developers must recreate the code. 74 The public nature of open source code leads to a cooperative development process. 75 Hence, not surprisingly, many of the same issues associated with consortia are seen in the open source movement. Nevertheless, the open source movement shapes code in its own particular way, because it is primarily influenced by its volunteer members. Additionally, the emphasis on making the source code available to the public leads to a wide dissemination of open source code. There are two branches of the open source movement. The first and oldest is the Free Speech Foundation (FSF). They maintain that source code should be free, not only as in free beer, but as in free speech. This freedom should allow a user to "run, copy, distribute, study, change, and improve the software." 76 They believe that there is a moral, social, and civic value to free code. Consequently, they protect their free code with copyright protection, to ensure it See also Joseph Feller & Brian Fitzgerald, A Framework Analysis of the Open Source Software Development Paradigm, in Proceedings of the 21st Annual International Conference on Information Systems (2001), available at http://afis.ucc.ie/jfeller/publications/ICIS2000.pdf (providing a basic background on the open source movement for academic research). 73 Eric Raymond, a leader of the open source community, says, "Good programmers know what to write. Great ones know what to rewrite (and reuse)." Eric Raymond, The Cathedral and the Bazaar, available at http://www.tuxedo.org/~esr/writings/cathedral-bazaar/cathedral-bazaar/ (last modified Aug. 24, 2000). 74 Mark A. Lemley & David W. O’Brien, Encouraging Software Reuse, 49 S TAN . L. R EV . 255, 259 (1997). 75 Scholars have argued that the ease of communication through modern technologies has led to a new form of production. They term this peer production and emphasized its decentralized nature. See Yochai Benkler, The Battle Over the Institutional Ecosystem in the Digital Environment, C OMM . ACM, Feb. 2001, at 84 (arguing that open source peer production model is a radical shift from an atoms based economy to a bits based economy); Eric von Hippel, Open Source Shows the Way: Innovation by and for Users – No Manufacturer Required!, S LOAN M GMT . R EV ., Summer 2001 (arguing that open source is a different form production compared to manufactured centered innovation). The open source movement is an exemplar of peer production with its reliance on email, discussion groups, and electronic distribution of open source code, to connect thousands of programmers from around the world. See Ed Frauenheim, Crafting the free-software future, S ALON (Mar. 6, 2001) at http://www.salon.com/tech/feature/2001/03/06/sourceforge/print.html (describing SourceForge, a site which hosts thousands of open source programs supported by thousands of open source programmers). 76 Free Software Foundation, The Free Software Definition available at http://www.gnu.org/philosophy/free- sw.html (last modified Oct. 17, 2001).

Authors: Shah, Rajiv. and Kesan, Jay.
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19
programmers. By keeping the source code publicly available, developers can build upon others’
earlier work to create more complex and higher quality code.
73
In contrast, this reuse of code is
not allowed with proprietary software; instead future developers must recreate the code.
74
The
public nature of open source code leads to a cooperative development process.
75
Hence, not
surprisingly, many of the same issues associated with consortia are seen in the open source
movement. Nevertheless, the open source movement shapes code in its own particular way,
because it is primarily influenced by its volunteer members. Additionally, the emphasis on
making the source code available to the public leads to a wide dissemination of open source
code.
There are two branches of the open source movement. The first and oldest is the Free
Speech Foundation (FSF). They maintain that source code should be free, not only as in free
beer, but as in free speech. This freedom should allow a user to "run, copy, distribute, study,
change, and improve the software."
76
They believe that there is a moral, social, and civic value
to free code. Consequently, they protect their free code with copyright protection, to ensure it
See also Joseph Feller & Brian Fitzgerald, A Framework Analysis of the Open Source Software Development
Paradigm
, in Proceedings of the 21st Annual International Conference on Information Systems (2001), available at
http://afis.ucc.ie/jfeller/publications/ICIS2000.pdf (providing a basic background on the open source movement for
academic research).
73
Eric Raymond, a leader of the open source community, says, "Good programmers know what to write. Great ones
know what to rewrite (and reuse)." Eric Raymond, The Cathedral and the Bazaar, available at
http://www.tuxedo.org/~esr/writings/cathedral-bazaar/cathedral-bazaar/ (last modified Aug. 24, 2000).
74
Mark A. Lemley & David W. O’Brien, Encouraging Software Reuse, 49 S
TAN
. L. R
EV
. 255, 259 (1997).
75
Scholars have argued that the ease of communication through modern technologies has led to a new form of
production. They term this peer production and emphasized its decentralized nature. See Yochai Benkler, The Battle
Over the Institutional Ecosystem in the Digital Environment
, C
OMM
. ACM, Feb. 2001, at 84 (arguing that open
source peer production model is a radical shift from an atoms based economy to a bits based economy); Eric von
Hippel, Open Source Shows the Way: Innovation by and for Users – No Manufacturer Required!, S
LOAN
M
GMT
.
R
EV
., Summer 2001 (arguing that open source is a different form production compared to manufactured centered
innovation). The open source movement is an exemplar of peer production with its reliance on email, discussion
groups, and electronic distribution of open source code, to connect thousands of programmers from around the
world. See Ed Frauenheim, Crafting the free-software future, S
ALON
(Mar. 6, 2001) at
http://www.salon.com/tech/feature/2001/03/06/sourceforge/print.html (describing SourceForge, a site which hosts
thousands of open source programs supported by thousands of open source programmers).
76
Free Software Foundation, The Free Software Definition available at http://www.gnu.org/philosophy/free-
sw.html (last modified Oct. 17, 2001).


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