Download Session 36

Ethics of Computing
MONT 113G, Spring 2012
Session 36
Philosophical Basis for Property
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Philosophical Basis of Property
1. Property is created by laws.
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What can be owned.
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How things can be acquired and transferred.
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What owners can do with their property
2. Theories of Property:
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Utilitarian
Laws to foster creativity and innovation.
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Natural Right to Property
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Natural Right to Property
Argument for natural right: Individuals have a natural right to
what they produce with their labor (John Locke).
Example: Garden
Software developers produce software through their labor, so
they own it.
Flaws:
1. Adding labor to something you don't own does not make it
yours.
2. Software is not tangible. When copied, owner does not lose
the product of his or her labor.
3. Software developers want to control software for economic
gain.
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Economic Models of Software
distribution
Proprietary software (PS):
Developers want to have intellectual property rights so that
they can sell the software.
Free and Open Source Software (FOSS):
Make money from supporting the software. (How?)
Which is best?
Which system produces the best and most useful software?
Which system leads to most widely accessible software?
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Natural Rights Argument
Against Software Ownership
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Software is essentially a series of mental steps.
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Ownership of mental steps could lead to interference with freedom
of thought.
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This is more likely as more sophisticated Artificial Intelligence
(AI) and expert systems are developed.
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Is Copying Wrong?
Is it morally wrong to copy proprietary software or copyrighted
music/movies?
1. It is illegal, but is it morally wrong?
2. Why do people copy proprietary software/music/movies (when
they wouldn't break the law in other situations?)
(We will discuss this in class).
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Morality of Copying
PS/Music/Movies
Argument in defense of copying PS/music/movies:
1. There is nothing intrinsically wrong with copying.
2. Copying does no harm.
Counter-argument:
1. Laws create a legal right to ownership.
2. If someone is deprived of their legal right, they are being
harmed.
3. Immorality derives from illegality.
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What about Civil
Disobedience?
If one believes a law is bad, is it OK to break it?
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There is a prime facie (all things being equal) obligation to obey
laws of a relatively just state.
When is it ethical to disobey the law?
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One can only override this if obeying the law will cause greater
harm than disobeying.
Does software/music/movie copying reach this standard?
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Other Systems of Distribution
1. Music:
Some bands want exposure. Encourage sharing of their songs.
2. Creative Commons:
Lawrence Lessig spearheaded this non-profit organization.
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Encourages and facilitates sharing of digital information.
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Makes licensing language available to anyone for free.
3. Volunteered Content:
E.g. youtube
These are all new ways to distribute intellectual property.
No more "middle man". Instead you have an automated "middle
thing".
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