1) The Lifemaker most probably IS dead, as he hasn't made any appearance whatsoever.
2) No one in Negi's group can be affected by the "Code of the Lifemaker" as they are from Earth other than Negi & Asuna. But, Negi & Asuna are descendants of the Royal (Lifemaker's) bloodline, so they are probably immune to it.
3) Fate's main objective for capturing Asuna is to use the "Graveyard of Magic" (i.e. the source of Asuna's Magic cancel ability)
4) Though, I think Takahata & Kurt can be affected by the "Code" as well.