Textbook Conceptions in The Code How Metaphors Explain Legal Challenges in Digital Times 1St Edition Stefan Larsson Ebook All Chapter PDF
Textbook Conceptions in The Code How Metaphors Explain Legal Challenges in Digital Times 1St Edition Stefan Larsson Ebook All Chapter PDF
Textbook Conceptions in The Code How Metaphors Explain Legal Challenges in Digital Times 1St Edition Stefan Larsson Ebook All Chapter PDF
https://textbookfull.com/product/the-wealth-code-2-0-how-the-
rich-stay-rich-in-good-times-and-bad-1st-edition-jason-vanclef/
https://textbookfull.com/product/opposition-in-the-eu-multi-
level-polity-legal-mobilization-against-the-data-retention-
directive-stefan-thierse/
https://textbookfull.com/product/corporate-sustainability-in-
international-comparison-state-of-practice-opportunities-and-
challenges-1st-edition-stefan-schaltegger/
https://textbookfull.com/product/management-and-technological-
challenges-in-the-digital-age-1st-edition-pedro-novo-melo/
Legal Developments During 30 Years of Lithuanian
Independence: Overview of Legal Accomplishments and
Challenges in Lithuania Gintaras Švedas (Editor)
https://textbookfull.com/product/legal-developments-
during-30-years-of-lithuanian-independence-overview-of-legal-
accomplishments-and-challenges-in-lithuania-gintaras-svedas-
editor/
https://textbookfull.com/product/professions-and-metaphors-
understanding-professions-in-society-andreas-liljegren/
https://textbookfull.com/product/how-to-be-human-in-the-digital-
economy-the-mit-press-1st-edition-agar/
https://textbookfull.com/product/exploring-the-legal-in-socio-
legal-studies-david-cowan/
https://textbookfull.com/product/functional-programming-in-c-how-
to-write-better-c-code-1st-edition-enrico-buonanno/
╇ i
Series Editors:
Janet Ainsworth, Seattle University School of Law
Lawrence Solan, Brooklyn Law School
Editorial Board:
Janet Cotterill, Cardiff University, UK
Christopher Heffer, Cardiff University, UK
Robert Leonard, Hofstra University
Anne Lise Kjær, University of Copenhagen
Gregory Matoesian, University of Illinois at Chicago
Elizabeth Mertz, University of Wisconsin Law School and American
Bar Foundation
Roger W. Shuy, Georgetown University
CONCEPTIONS
IN THE CODE
Stefan Larsson
1
Conceptions in the Code. Stefan Larsson.
© Stefan Larsson 2017. Published 2017 by Oxford University Press
1
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
1 3 5 7 9 8 6 4 2
Printed by Sheridan Books, Inc., United States of America
╇ v
CONTENTS
Acknowledgments ix
4. Conceptions of Copyright 79
Metaphors We File-Share By 80
Method 88
Findings and Analysis 91
Conclusions 98
6. P
latform, Storage or Bulletin Board? The Swedish
Pirate Bay Court Case 129
Categorisation, Digitalisation, and Law 130
The Pirate Bay 134
The Pirate Bay as a Metaphoric Court Case 138
Liability of the Functions 149
Outlook: Generativity in Decentralisation 151
Normative Implications of Skeuomorphs 153
Conclusions 154
vi
vii
C ontents
References 227
Index 245
vii
ix
ACKNOWLEDGMENTS
ix
A cknowledgments
x
xi
A cknowledgments
xi
╇ xiii
[1]
HOW WE UNDERSTAND
TECHNOLOGICAL AND
SOCIAL CHANGE
In 2009, during the Swedish trial of the founders of the The Pirate
Bay (TPB)—sometimes called the most resilient BitTorrent file-
sharing site in the world—there was a sequence when the pros-
ecutor asked the defendant Peter Sunde about the first time the
defendants met IRL, an Internet slang for ‘in real life’. Sunde
replied that they do not use that terminology, ‘We use AFK,
meaning “away from keyboard”, because we think that the
Internet is for real.’
In this exchange, we see an indication of two completely
different conceptions of the Internet. The prosecutor sees the
Internet as something apart from and inferior to the ‘real’ world.
The defendant, in contrast, experiences the Internet as an ordin-
ary part of the social world that just happens to be accessed
2. The documentary filmmaker Simon Klose also chose the latter terminology
for the title of his film TPB AFK (2013), largely focusing the court case and the three
most central defendants in the case.
2
3
3
C onceptions in the C ode
4
5
5
C onceptions in the C ode
6
7
7
C onceptions in the C ode
CONCEPTUAL STRUGGLES
IN SOCIETAL CHANGE
8
9
NEUTRAL INFRASTRUCTURE OR
FILTERING MEDIATOR?
Some metaphors are explicit and clearly laden with values, such
as Turkey’s Prime Minister Tayyip Erdoğan’s statement at an
9
C onceptions in the C ode
election meeting in March 2014: ‘We will rip out Twitter by the
roots and erase it!’, following demonstrations that had been
coordinated via social media and the spread of audio recordings
damaging the government’s reputation. That there are values
expressed here are relatively blatant. But such metaphors can also
act implicitly and not wholly consciously, and express a thought
pattern rather than a rhetorical effect. Nevertheless, they may
still remain value-based or lead the mind in a certain normative
direction. It is at this point, when we are led without realising it,
that it becomes even more crucial to place a spotlight on how these
processes occur; which underlying images, conceptual mappings,
and thought structures are leading us; and how these have come to
emerge in the first place.
Returning to the topic of technology, much of the struggles
that follow from the challenges posed by digitalisation concern
responsibility and accountability, i.e. who is seen as responsible
and what they should be held accountable for. And this respon-
sibility is often linked to whether the service being used is per-
ceived as passive or active. Some concepts lead us in one direction,
while others lead in another. ‘Infrastructure’, for example, is a
concept commonly used to indicate services—a ‘mere conduit’—
where, it is argued, the service providers cannot be held wholly
responsible for events that occur there—much as if they merely
provided a railway for trains to run on, or a postman that deliv-
ers the post. Internet service providers have stood in the line of
fire for many years, in a struggle over whether or not they should
be held accountable for copyright infringements caused by their
users’ online actions.4 Another issue that has been long debated
4. How the service provider handled their customers’ data was also the topic of
much debate when the Data Retention Directive was rejected by the European Court
of Justice (Ledendal and Larsson, 2014).
10
11
11
C onceptions in the C ode
5. The Court of Appeal settled the district court’s verdict for the fourth defend-
ant, who was taken ill abroad at the time.
6. During day twelve at the District Court. Sverige Radio. 3 March, 2009.
http://sverigesradio.se/sida/artikel.aspx?programid=83&artikel=2672385
12
13
13
C onceptions in the C ode
14
Another random document with
no related content on Scribd:
Holden-Stone (G. de). See Books on Business.
Holdich (Sir T. H.), K.C.I.E. THE INDIAN BORDERLAND:
being a Personal Record of Twenty Years. Illustrated. Demy
8vo. 10s. 6d. net.
Also Translated by C. Bigg, D.D. Cr. 8vo. 3s. 6d. See also
Library of Devotion and Standard Library.
Ï
Novalis. THE DISCIPLES AT SAÏS AND OTHER
FRAGMENTS. Edited by Miss Una Birch. Fcap. 8vo. 3s.
6d.
Oldfield (W. J.), Canon of Lincoln. A PRIMER OF
RELIGION. Fcap. 8vo. 2s. 6d.
Oliphant (Mrs.). See Leaders of Religion.
Oman (C. W. C.), M.A., Fellow of All Souls’, Oxford. A
HISTORY OF THE ART OF WAR. Vol. II.: The Middle Ages,
from the Fourth to the Fourteenth Century. Illustrated.
Demy 8vo. 10s. 6d. net.
Ottley (R. L.), D.D. See Handbooks of Theology and Leaders
of Religion.
Overton (J. H.). See Leaders of Religion.
Owen (Douglas). See Books on Business.
Oxford (M. N.), of Guy’s Hospital. A HANDBOOK OF
NURSING. Third Edition. Cr. 8vo. 3s. 6d.
Pakes (W. C. C.). THE SCIENCE OF HYGIENE. Illustrated.
Demy 8vo. 15s.
Palmer (Frederick). WITH KUROKI IN MANCHURIA.
Illustrated. Third Edition. Demy 8vo. 7s. 6d. net.
A volume of poems.
Shakespeare (William).
THE FOUR FOLIOS, 1623; 1632; 1664; 1685. Each Four
Guineas net, or a complete set, Twelve Guineas net.