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July 19, 2004
The Morality of Code
Posted by Ernest Miller
James Grimmelmann of LawMeme does some genetic splicing between legal philosoper Lon Fuller's The Morality of Law and Larry Lessig's Code (The Morality of Software):
Fuller states eight conditions that laws must satisfy to be worthy of being called "law;" I'll follow that organization in comparing software and law. Following Lessig, I'll only be thinking about software in its ability directly to control behavior: I'm online, and I try to do something, and either the software goes ahead and does it or doesn't do it, thereby "prohibiting" me from something I'd otherwise have chosen.
Good stuff.
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Mary Christ on October 29, 2004 10:25 PM writes...
I am currently working on my Ph.D. in applied management and decision sciences. I am working on the morality issues concerning copyright infringement, specifically DVDs etc. I was directed here by a google search. Any interesting comments or tips can be e-mailed to me.
Thanx
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