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Analyzing the Production of the Law of Cyberspace
Unformatted Document Text:  23 which is the equivalent of a rough draft. There are hundreds of open source projects languishing in beta form. 90 The open source movement favors wide dissemination. This decision is consistent with the goal of the open source movement to create in creating freely available open source code. This decision is supported by copyright licenses that guarantee the right to redistribute the code freely. Furthermore, one branch of the open source movement, the Free Software Foundation, uses intellectual property law to ensure code remains widely disseminated for subsequent innovation. This copyright license is known as the GNU General Public License and includes a condition that the code and any derivative code must be freely available. 91 VI. C ONCLUSION Much of the scholarly work on code focuses on how code regulates society. This Article has analyzed how society shapes code by examining the development of code in several societal institutions. These institutions included universities, firms, consortia, and the open source movement. Our analysis accounted for the varying structures of each institution, the motivations for development, influences upon the institution, the speed of the development process, and the dissemination of the code. The results of our analysis show how code is differentially influenced by societal institutions. This analysis is merely a starting point. The next step is to move beyond analyzing the development of code and focus on how society can influence the development of code. By changing the underlying structure of institutions or by placing different influences upon an institution, society can potentially shape the development of code to address various societal 90 Frauenheim, supra note 75 (describing the thousands of open source projects at SourceForge.net). 91 (discussing the GNU General Public License).

Authors: Shah, Rajiv. and Kesan, Jay.
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23
which is the equivalent of a rough draft. There are hundreds of open source projects languishing
in beta form.
90
The open source movement favors wide dissemination. This decision is consistent with
the goal of the open source movement to create in creating freely available open source code.
This decision is supported by copyright licenses that guarantee the right to redistribute the code
freely. Furthermore, one branch of the open source movement, the Free Software Foundation,
uses intellectual property law to ensure code remains widely disseminated for subsequent
innovation. This copyright license is known as the GNU General Public License and includes a
condition that the code and any derivative code must be freely available.
91
VI. C
ONCLUSION
Much of the scholarly work on code focuses on how code regulates society. This Article
has analyzed how society shapes code by examining the development of code in several societal
institutions. These institutions included universities, firms, consortia, and the open source
movement. Our analysis accounted for the varying structures of each institution, the motivations
for development, influences upon the institution, the speed of the development process, and the
dissemination of the code. The results of our analysis show how code is differentially influenced
by societal institutions.
This analysis is merely a starting point. The next step is to move beyond analyzing the
development of code and focus on how society can influence the development of code. By
changing the underlying structure of institutions or by placing different influences upon an
institution, society can potentially shape the development of code to address various societal
90
Frauenheim, supra note 75 (describing the thousands of open source projects at SourceForge.net).
91
(discussing the GNU General Public License).


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