Software is much more than sequences of instructions for a computing machine: it can be an enabler (or disabler) of political imperatives and policies. Hence, it is subject to the same assessment in a normative dimension as other political and social phenomena. The core distinction between free software and its proprietary counterpart is that free software makes available to its user the knowledge and innovation contributed by the creator(s) of the software, in the form of the (...) created source code. From an ethical perspective, one of the most pressing questions raised by this form of collaboration is the question of the rights, and the restrictions on them, that are passed on to users and collaborators by the creators of programs. That is, what freedoms do software users deserve, and how can they best be protected? In this study we analyze free software licensing schemes in order to determine which most effectively protects such freedoms. We conclude that so-called copyleft licensing schemes are the morally superior alternative. (shrink)

Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software (...) rights and duties that is inspired by the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (shrink)

Software ownership allows the owner to restrict the distribution of software and to prevent others from reading the software’s source code and building upon it. However, free software is released to users under software licenses that give them the right to read the source code, modify it, reuse it, and distribute the software to others. Proponents of free software such as Richard M. Stallman and Eben Moglen argue that the social disutility of (...) software ownership is a sufficient justification for prohibiting it. This social disutility includes the social instability of disregarding laws and agreements covering software use and distribution, inequality of software access, and the inability to help others by sharing software with them. Here I consider these and other social disutility claims against withholding specific software rights from users, in particular, the rights to read the source code, duplicate, distribute, modify, imitate, and reuse portions of the software within new programs. I find that generally while withholding these rights from software users does cause some degree of social disutility, only the rights to duplicate, modify and imitate cannot legitimately be denied to users on this basis. The social disutility of withholding the rights to distribute the software, read its source code and reuse portions of it in new programs is insufficient to prohibit software owners from denying them to users. A compromise between the software owner and user can minimise the social disutility of withholding these particular rights from users. However, the social disutility caused by software patents is sufficient for rejecting such patents as they restrict the methods of reducing social disutility possible with other forms of software ownership. (shrink)

Free software introduces a challenge to the classical conception of individual rights. The model of software licensing given by the General Public License generates the question whether it constitutes an exercise or a wavering of copyright. It is argued in this paper that the later alternative is entrenched in the classical concept of freedom as autonomy, which, by its turn, is reflected in a classical conception of individual rights based on the model of propriety as a dominion over (...) an exclusive object (res). We provide grounds for a concept of non-exclusive individual rights, based on the notion of freedom as reciprocity, in order to obtain more solid legal foundations for the free licensing of software. The concept of freedom as reciprocity and the corresponding reconstruction of non-exclusive subjective rights achieved in this paper is an exercise in general theory of law and thus may be applied to other legal fields where the classical notion of freedom and the property of exclusivity do not fit properly. (shrink)

Researchers in virtually every discipline rely on sophisticated proprietary software for their work. However, some researchers are unable to afford the licenses and instead procure the software illegally. We discuss the prohibition of software piracy by intellectual property laws, and argue that the moral basis for the copyright law offers the possibility of cases where software piracy may be morally justified. The ethics codes that scientific institutions abide by are informed by a rule-consequentialist logic: by (...) preserving personal rights to authored works, people able to do so will be incentivized to create. By showing that the law has this rule-consequentialist grounding, we suggest that scientists who blindly adopt their institutional ethics codes will commit themselves to accepting that software piracy could be morally justified, in some cases. We hope that this conclusion will spark debate over important tensions between ethics codes, copyright law, and the underlying moral basis for these regulations. We conclude by offering practical solutions for researchers. (shrink)

One of the paradoxes of the free software ideology is its reliance on the legal institutions it was created to object to. One could argue that Free Software Foundation is using copyright to enforce their free software licenses as aggressively as the Business Software Alliance is enforcing its clients’ copyrights. We will show that the reality is more complex and that there is a significant difference: the free software community uses primarily non-legal enforcement methods (...) and trusts on social norms. We argue that free software could be used as a tool to make copyright more accepted in the less developed world because of its positive connection with copyright and community based approach. We explain why strong copyright is also in the interest of free software developers. The article concludes by suggesting that World Intellectual Property Organization should include free software into its development agenda. (shrink)

Unlike in most professions, a license is not required to work as a software engineer. This essay argues software engineers, because they now render an essential service to society, should be licensed in a process that resembles licensing for doctors, lawyers and teachers.

Over the past 30 years, computer engineering has developed a lot. Currently, computer and software applications have a central role in business, medicine, security, communications, industry, education, and everyday life. Software developers, peoples who manage computer networks, data security analysts can do well, but they also have the potential to cause suffering and harm to the clients or ordinary peoples, willingly or not. For this reason, IT activities must be regulated by specific laws. From the beginning, we argue (...) that the law is not the same thing as ethics, even if both promote the good. Certain ethical principles can be strengthened by law. In the field of computer science and technology, can exists theft, privacy violations, violence and harassment. To combat and punish such actions and behaviors, law is needed. But is software engineering a profession? If so, are there codes of professional ethics whereby specialists in the field can regulate their professional activity, as is the case, for example, in areas such as justice or medicine? In relation with that, Gibbs and Ford have identified 8 components of a professional infrastructure. Some of that is: initial vocational training, professional accreditation, licensing, continuous vocational training, the existence of code of ethics.. With the fact that software engineering is a profession, in this article we present the main principles of behavior. The principles are not legally binding. This are grouped by interest categories depending on who or what is involved in the interaction with software engineering. (shrink)

To many who develop and use free software, the GNU General Public License represents an embodiment of the meaning of free software. In this paper we examine the definition and meaning of free software in the context of three events surrounding the GNU General Public License. We use a case involving the GPU software project to establish the importance of Freedom 0 in the meaning of free software. We analyze version 3 of the GNU General (...) Public License and conclude that although a credible case can be made that the added restrictions are consistent with the definition of free software, the case requires subtle arguments. Strong arguments against the added restrictions are less subtle, and may therefore be more convincing to many users and developers. We also analyze the Affero General Public License and conclude that it is inconsistent with the definition of free software. (shrink)

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is (...) argued that copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

Imagine if each square of pavement on the sidewalk had an owner, and pedestrians required a license to step on it. Imagine the negotiations necessary to walk an entire block under this system. That is what writing a program will be like if software patents continue. The sparks of creativity and individualism that have driven the computer revolution will be snuffed out. Imagine if each square of pavement on the sidewalk had an owner, and pedestrians required a license to (...) step on it. Imagine the negotiations necessary to walk an entire block under this system. That is what writing a program will be like if software patents continue. The sparks of creativity and individualism that have driven the computer revolution will be snuffed out.—Richard Stallman and Simson Garfinkel (1992) This article highlights the vulnerability of the open source software movement to patent infringement lawsuits. With the number of patents on software algorithms predicted to exceed 100,000 this year, it is now virtually impossible to write any computer program, however trivial, that does not violate one or more patents. This paper argues that this situation is not only ludicrous, but it is contrary to any reasonable reading of the Constitution’s intentions with respect to the protection of intellectual property. In addition, the patentability of software algorithms stems from the U.S. Supreme Court’s failure to grasp one of the most fundamental concepts of computer science. From this error stems a long, dysfunctional chain of legal reasoning and patent policies, the effect of which has been to transform the mental reasoning processes, abstract knowledge, and scientific truths of computing into patentable subject matter. The result poses a potentially catastrophic threat not only to the open source software movement and the emerging industry of electronic commerce, but more fundamentally, to the very existence of the sciences of computing, without which further U.S. technological leadership will be impossible to sustain. (shrink)

Computational reproducibility possesses its own dynamics and narratives of crisis. Alongside the difficulties of computing as an ubiquitous yet complex scientific activity, computational reproducibility suffers from a naive expectancy of total reproducibility and a moral imperative to embrace the principles of free software as a non-negotiable epistemic virtue. We argue that the epistemic issues at stake in actual practices of computational reproducibility are best unveiled by focusing on software as a pivotal concept, one that is surprisingly often overlooked (...) in accounts of reproducibility issues. Software is not only about designing and coding but also about maintaining, supporting, distributing, licensing, and governance; it is not only about developers but also about users. We focus on openness debates among computational chemists involved in molecular modeling software packages as empirical grounding for our argument. We then identify and analyse four epistemic characteristics as key to the role of software in computational reproducibility. (shrink)

This institutional self-study investigated the use of text-matching software to prevent plagiarism by students in a Canadian university that did not have an institutional license for TMS at the time of the study. Assignments from a graduate-level engineering course were analyzed using iThenticate®. During the initial phase of the study, similarity scores from the first student assignments were collected to determine a baseline level of textual similarity. Students were then offered an educational intervention workshop on academic integrity. Another set (...) of similarity scores from consenting participants’ second assignments were then collected, and a statistically significant assignment effect was found between the similarity scores of the two assignments. The results of this study indicate that TMS, when used in conjunction with educational interventions about academic integrity, can be useful to students and educators to prevent and identify academic misconduct. This study adds to the growing body of empirical research about academic integrity in Canadian higher education and, in particular, in engineering fields. (shrink)

The public interest should be a central ethical concern of members of the computer profession, and this would also result in the social status and power of software engineers being augmented. One attractive means to encourage and enforce ethical standards on the part of engineers and employers would be a system of licensing by internationally recognised professional bodies whose legitimacy stems from their capacity to act in the public interest. The author is Senior Lecturer in the Department of Computer (...) Science, School of Applied Sciences, Anglia Polytechnic University, East Road, Cambridge CB1 1PT, England; email [email protected] or [email protected]. (shrink)

This paper reviews the AWARE(TM) software distributed by the Electric Power Research Institute (EPRI). The program is designed to facilitate the Federal Energy Regulatory Commission (FERC) license renewal process for US hydropower installations. The discussion reviews the regulatory, legal, and social contexts that give rise to the creation and distribution of AWARE(TM). The principal legal impetus for AWARE(TM) is the Electric Consumer Protection Act (ECPA) of 1986 that directs FERC to give equal consideration to power and non-power resources during (...) relicensing. The software is reviewed in this paper from several perspectives including those of natural resource economics, systems modeling, and the social context within which FERC licensing decisions are made. We examine both the software and its underlying methodology and find significant problems with each. Because of its flaws, AWARE(TM) does little to further ECPA's equal consideration requirement. We find that the conservation and restoration impact of ECPA for US fisheries could be seriously hampered by the widespread use of AWARE(TM). (shrink)

The public interest should be a central ethical concern of members of the computer profession, and this would also result in the social status and power of software engineers being augmented. One attractive means to encourage and enforce ethical standards on the part of engineers and employers would be a system of licensing by internationally recognised professional bodies whose legitimacy stems from their capacity to act in the public interest. The author is Senior Lecturer in the Department of Computer (...) Science, School of Applied Sciences, Anglia Polytechnic University, East Road, Cambridge CB1 1PT, England; email [email protected] or [email protected]. (shrink)

This paper reviews the AWARE™ software distributed by the Electric Power Research Institute. The program is designed to facilitate the Federal Energy Regulatory Commission license renewal process for US hydropower installations. The discussion reviews the regulatory, legal, and social contexts that give rise to the creation and distribution of AWARE™. The principal legal impetus for AWARE™ is the Electric Consumer Protection Act of 1986 that directs FERC to give equal consideration to power and non-power resources during relicensing. The (...) class='Hi'>software is reviewed in this paper from several perspectives including those of natural resource economics, systems modeling, and the social context within which FERC licensing decisions are made. We examine both the software and its underlying methodology and find significant problems with each. Because of its flaws, AWARE™ does little to further ECPA's equal consideration requirement, We find that the conservation and restoration impact of ECPA for US fisheries could be seriously hampered by the widespread use of AWARE™. (shrink)

:War has broken out in the technological global economy, principally in battles over intellectual property. A particularly fierce aspect of this battle sets people who guard proprietary software against hackers, who want information to be free. The key challenge today is to produce an adequate conceptual lens for seeing what ethically is at stake in this battle. Toward this end, this paper uses the just war tradition to analyze differences between proponents of Free Software and proponents of Open (...) Source Software. This paper’s use of three just war criteria—Just Cause, Right Intention, and Discrimination—illustrates how the just war tradition can raise the level of ethical awareness about the intellectual property wars that continue to rage in the technological global economy.The division between the two [open source and free software] is often bitterly contested, both from inside and outside the communities. The holiest of holy wars are not fought over word processors, operating systems, or compilers. They are all about software licenses.—Joe Barr. (shrink)

This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not the exercise (...) of employer authority but instead reflects a prerogative of enterprise ownership, like a right to protect property and determine product lines. Thus, managerial prerogative both explains labor control and exempts that control from the statutory duties that would otherwise attach under the legal tests. Platform companies appear to have taken notice of such cases and designed their work relationships around property-based rationales. For instance, Uber uses a software “license” in which drivers agree to Uber’s authority as a condition for accessing the app. The license depicts the terms upon which drivers must affirmatively cooperate with Uber to produce transportation as simply the negative duties not to interfere with Uber’s intellectual property. The Article concludes that we must reject appeals to managerial prerogative in employment classification disputes. To assume that a property-based rationale for labor control is inconsistent with employment is to misunderstand the legal basis of employment and the purpose of statutory labor law. The appeals also rely on dubious economic assumptions and conflate property rights with agreements about the use of property. (shrink)

During the two last decades, speeded up by the development of the Internet, several types of commons have been opened up for intellectual resources. In this article their variety is being explored as to the kind of resources and the type of regulation involved. The open source software movement initiated the phenomenon, by creating a copyright-based commons of source code that can be labelled `dynamic': allowing both use and modification of resources. Additionally, such a commons may be either protected (...) from appropriation (by `copyleft' licensing), or unprotected. Around the year 2000, this approach was generalized by the Creative Commons initiative. In the process they added a `static' commons, in which only use of resources is allowed. This mould was applied to the sciences and the humanities in particular, and various Open Access initiatives unfolded. A final aspect of copyright-based commons is the distinction between active and passive commons: while the latter is only a site for obtaining resources, the former is also a site for production of new resources by communities of volunteers (`peer production'). Finally, several patent commons are discussed, which mainly aim at preventing patents blocking the further development of science. Throughout, attention is drawn to interrelationships between the various commons. (shrink)

The Gifting Logos: Expertise in the Digital Commons provides an extensive analysis of knowledge and creativity in twenty-first century networked culture. Analyzing massive projects like the Wayback Machine, the Internet Archive, and the Creative Commons Licenses, The Gifting Logos responds to a fundamental question, What does it mean to know something and to make something? With the idea of a gifting logos, Hartelius integrates three habits of a rhetorical epistemology: the invention of cultural materials such as text, images, and (...) software; the imbuing or encoding of the materials with the creator's experience; and the constitution and dissemination of the materials as gifts. (shrink)

To support the teaching of ethics in science and engineering, educational technologies offer a variety of functions: communication between students and instructors, production of documents, distribution of documents, archiving of class sessions, and access to remote resources. Instructors may choose to use these functions of the technologies at different levels of intensity, to support a variety of pedagogies, consistent with accepted good practices. Good pedagogical practices are illustrated in this paper with four examples of uses of educational technologies in the (...) teaching of ethics in science and engineering. Educational technologies impose costs for the purchase of hardware, licensing of software, hiring of support personnel, and training of instructors. Whether the benefits justify these costs is an unsettled question. While many researchers are studying the possible benefits of educational technologies, all instructors should assess the effectiveness of their practices. (shrink)

Background:Neonatal nurse practitioners have become the frontline staff exposed to a myriad of ethical issues that arise in the day-to-day environment of the neonatal intensive care unit. However, ethics competency at the time of graduation and after years of practice has not been described.Research aim:To examine the ethics knowledge base of neonatal nurse practitioners as this knowledge relates to decision making in the neonatal intensive care unit and to determine whether this knowledge is reflected in attitudes toward ethical dilemmas in (...) the neonatal intensive care unit.Research design:This was a prospective cohort study that examined decision making at the threshold of viability, life-sustaining therapies for sick neonates, and a ranking of the five most impactful ethical issues.Participants and research context:All 47 neonatal nurse practitioners who had an active license in the State of Mississippi were contacted via e-mail. Surveys were completed online using Survey Monkey software.Ethical considerations:The study was approved by the University of Mississippi Medical Center Institutional Review Board (IRB; #2015-0189).Findings:Of the neonatal nurse practitioners who completed the survey, 87.5% stated that their religious practices affected their ethical decision making and 76% felt that decisions regarding life-sustaining treatment for a neonate should not involve consultation with the hospital’s legal team or risk management. Only 11% indicated that the consent process involved patient understanding of possible procedures. Participating in the continuation or escalation of care for infants at the threshold of viability was the top ethical issue encountered by neonatal nurse practitioners.Discussion:Our findings reflect deficiencies in the neonatal nurse practitioner knowledge base concerning ethical decision making, informed consent/permission, and the continuation/escalation of care.Conclusion:In addition to continuing education highlighting ethics concepts, exploring the influence of religion in making decisions and knowing the most prominent dilemmas faced by neonatal nurse practitioners in the neonatal intensive care unit may lead to insights into potential solutions. (shrink)

We demonstrate that different categories of software raise different ethical concerns with respect to whether software ought to be Free Software or Proprietary Software. We outline the ethical tension between Free Software and Proprietary Software that stems from the two kinds of licenses. For some categories of software we develop support for normative statements regarding the software development landscape. We claim that as society's use of software changes, the ethical analysis (...) for that category of software must necessarily be repeated. Finally, we make a utilitarian argument that the software development environment should encourage both Free Software and Proprietary Software to flourish. (shrink)

HSimulator is a multithread simulator for mass-action biochemical reaction systems placed in a well-mixed environment. HSimulator provides optimized implementation of a set of widespread state-of-the-art stochastic, deterministic, and hybrid simulation strategies including the first publicly available implementation of the Hybrid Rejection-based Stochastic Simulation Algorithm. HRSSA, the fastest hybrid algorithm to date, allows for an efficient simulation of the models while ensuring the exact simulation of a subset of the reaction network modeling slow reactions. Benchmarks show that HSimulator is often considerably (...) faster than the other considered simulators. The software, running on Java v6.0 or higher, offers a simulation GUI for modeling and visually exploring biological processes and a Javadoc-documented Java library to support the development of custom applications. HSimulator is released under the COSBI Shared Source license agreement. (shrink)

Two of the distinctive ethical issues that arise for computer users (as opposed to computer programmers) have to do with the file formats that are used to encode information and the licensing terms for computer software. With respect to both issues, most professional philosophers do not recognize the burdens that they impose on others. Once one recognizes these burdens, a very simple argument demands changes in the behavior of the typical computer user: some of the ways we use computers (...) gratuitously impose significant burdens on others; it is wrong to impose significant burdens on others gratuitously; some of the ways we use computers are unethical. (shrink)

Two of the distinctive ethical issues that arise for computer users (as opposed to computer programmers) have to do with the file formats that are used to encode information and the licensing terms for computer software. With respect to both issues, most professional philosophers do not recognize the burdens that they impose on others. Once one recognizes these burdens, a very simple argument demands changes in the behavior of the typical computer user: some of the ways we use computers (...) gratuitously impose significant burdens on others; it is wrong to impose significant burdens on others gratuitously; some of the ways we use computers are unethical. (shrink)

In this paper I critically examine recent developments in intellectual property law. In particular, from a point of view informed primarily by Marx and Foucault, I study (a) the rhetoric surrounding the Metallica lawsuit against Napster; (b) a pair of conflicting trademark cases surrounding the ownership of a word on the Internet; and (c) the software industry's move to win approval for “shrink-wrap” or “click here” licenses. I conclude that these developments indicate a new form of disciplinary power, (...) where people are individuated ex ante as consumers. Despite the celebrations of market cyberlibertarians, this move actually masks an increase in overt state power as the state apparatus is invoked to force individuals to agree to behave as disciplined consumers and accede to the system in the first place. (shrink)

Is copyright a property right? Common law and civil law jurists have debated that issue for over three centuries. It remains at the heart of battles over copyright’s scope and duration today, even if its import lies principally in the rhetorical force of labeling a right as "property," not in any doctrinal consequence flowing directly from that label. In parallel to their common law and civil law counterparts, presentday rabbinic jurists engage in lively debate about whether Jewish law recognizes copyright (...) as a property right. And, as in secular law but for different reasons, that issue has significant repercussions in Jewish law. As discussed in rabbinic court decisions and writings, whether Jewish law accords authors a right of ownership in their works impacts such issues as whether it is permissible, without license from the author or publisher, to copy and distribute software and sound recordings, perform music in wedding halls, make copies for private and classroom use, and download songs from the Internet. There are numerous, and at times profound, differences in the terminology, form of argument, doctrinal specifics, and overarching legal framework of Jewish and secular law. Nonetheless, the arguments within the Jewish law debate have some intriguing parallels with those of secular copyright law. In fact, one finds the direct, if largely unstated, influence of secular copyright just below the surface in the debate in Jewish law about whether copyright is property. (shrink)

The purpose of this paper is to address the question of whethercomputer source code is speech protected by the First Amendmentto the United States Constitution or whether it is merelyfunctional, a ``machine'', designed to fulfill a set task andtherefore bereft of protection. The answer to this question is acomplex one. Unlike all other forms of ``speech'' computer sourcecode holds a unique place in the law: it can be copyrighted, likea book and it can be patented like a machine or process.Case (...) law, intellectual property law and encryption exportregulations all reflect this contradictory dichotomy. (shrink)

In this chapter, we seek to offer a fresh perspective on whether or not doctors should be “licensed to kill”. As that phrase indicates, we metaphorically refer to the adventures of fictional spy James Bond, although we hope, in doing so, that readers will not think that we are belittling the serious topic with which the chapter is concerned. Having surveyed some of the familiar arguments for and against allowing medically-assisted dying, we advance a new proposal, which seeks to strike (...) a compromise between such arguments. Our exploratory model builds on an analogy with armed response police units as they operate in England, and specifically with situations in which such officers are found to have killed someone in the course of their duties. Rather than confer immunity prospectively (as proponents of assisted dying often seek) or deny immunity completely (as opponents insist), our policy would provide a potential retrospective excuse. (shrink)

This study examines the presence of ethical climates in skilled nursing facilities and identifies their antecedents (work group, job position, tenure). A cross-sectional survey design was implemented. A total of 359 facilities were selected in the Midwestern United States. Responses were received from nurses representing 100 of those facilities (28%). A total of 656 usable questionnaires were returned of the 3060 distributed (21.4% response rate). Descriptive statistics, confirmatory factor analysis, and multivariate and univariate analyses of variance were used. The results (...) confirmed the presence of five ethical climates. Significant differences between registered and licensed practical nurses with regard to egoistic and independence ethical climates were found. Furthermore, nurses in management and non-management positions differed significantly in their perceptions of caring and egoistic climates. The results suggest incongruence in value perceptions and imply that researchers and practitioners have to direct efforts towards preventing and identifying reasons behind this. (shrink)

Software is a ubiquitous artifact, yet not much has been done to understand its ontological nature. There are a few accounts offered so far about the nature of software. I argue that none of those accounts give a plausible picture of the nature of software. I draw attention to the striking similarities between software and musical works. These similarities motivate to look more closely on the discussions regarding the nature of the musical works. With the lessons (...) drawn from the ontology of musical works I offer a novel account of the nature of software. In this account, software is an abstract artifact. I elaborate the conditions under which software comes into existence; how it persists; how and on which entities its existence depends. (shrink)

In this essay I shall argue that the state should require all parents to be licensed. My main goal is to demonstrate that the licensing of parents is theoretically desirable, though I shall also argue that a workable and just licensing program actually could be established.

Although systems for licensing professionals are far from perfect, and their problems and costs should not be ignored, they are justified as a necessary means of protecting innocent people's vital interests. Licensing defends patients from inept doctors, pharmacists, and physical therapists; it protects clients from unqualified lawyers. We should protect people who are highly vulnerable to those who are supposed to serve them, those with whom they have a special relationship. Requiring professionals to be licensed is the most plausible way (...) of doing that. Given the overwhelming support for the licensing of these professionals, I find it odd that so many people categorically reject proposals to license parents. Although the relationship between a parent and her children is different in some respects, it is also relevantly similar to that between a professional and those she serves. To defend these claims, I show how and why the rationale for licensing parents parallels the rational for licensing professionals. I then ask whether such a program could be justifiably implemented. Finally, I describe and reject what I see as the flawed view of the relationship between parents and their children. (shrink)

Given the importance of work engagement for organizations and the almost unified and steadfast understanding of its benefits, it is imperative to investigate the potential downside of work engagement to prevent unexpected damage. However, there has been relatively little research on its negative impacts. Drawing on the moral licensing theory, this study identifies the potential negative effects of work engagement by exploring the mediating role of psychological entitlement. An online experiment and a survey are conducted to test the theoretical model. (...) The results reveal that work engagement leads to deviant workplace behavior through psychological entitlement only in cases where there is a higher level of relationship conflict with supervisors. The conclusions of this study shed light on how work engagement negatively affects organizations. The current study also contributes to practice by suggesting that supervisors should be aware of employees with a higher level of work engagement and communicate with them in a reasonable manner. (shrink)

This paper proposes that both weak and strong NPIs in English are sensitive to the downward entailingness of their licensers. It is also proposed, however, that these two types of NPIs pay attention to different aspects of the meaning of their environment. As observed by von Fintel and Chierchia, weak NPIs do not attend to the scalar implicatures of presuppositions of their licensers. Strong NPIs see both the truth-conditional and non-truth-conditional (scalar implications, presuppositions) meaning of their licensers. This theory accounts (...) for the puzzling inability, noted by Rullmann and Gajewski, of Strawson anti-additive operators to license strong NPIs, as well as for the effects of Zwarts’s hierarchy of negative strength. Additional issues concerning comparative quantifiers, few, and proportional quantifiers are addressed. (shrink)

Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...) forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (shrink)

This book examines the negative power that child maltreatment has on individuals and society ethically and politically, while analyzing the positive power that parental love and healthy families have. To address how best to confront the problem of child maltreatment, it examines several policy options, ultimately defending a policy of licensing parents, while carefully examining the tension between child and adult rights and duties.

This paper argues that the difference between contemporary software intensive scientific practice and more traditional non-software intensive varieties results from the characteristically high conditionality of software. We explain why the path complexity of programs with high conditionality imposes limits on standard error correction techniques and why this matters. While it is possible, in general, to characterize the error distribution in inquiry that does not involve high conditionality, we cannot characterize the error distribution in inquiry that depends on (...) software. Software intensive science presents distinctive error and uncertainty modalities that pose new challenges for the epistemology of science. (shrink)

The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross-border situations, including situations involving international contract pregnancy. Should a convention focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to (...) adopt’. Included in it, therefore, is a parental vetting or licensing requirement. In our view, a similar requirement must also appear in any Hague Convention on international contract pregnancy if the two conventions are to be ethically consistent with one another. In particular, there should be a licensing requirement in such a convention for at least some of the prospective parents in contract pregnancy arrangements. We consider several arguments against this conclusion, and argue that none of them is successful. (shrink)

In this paper we re-examine Hugh LaFollette's proposal that the state carefully determine the eligibility and suitability of prospective parents before granting them a ?license to parent?. Assuming a prima facie case for licensing parents grounded in our duty to promote the welfare of the child, we offer several considerations that complicate LaFollette's radical proposal. We suggest that LaFollette can only escape these problems by revising his proposal in a way that renders the license effectively obsolete, a route he implicitly (...) adopts in his recent revisiting of the licensing proposal. We conclude that there is little merit in the idea of licensing ?natural? parents as a practical policy proposal, and raise some questions about its continued use in relation to adoptive and foster parents. (shrink)

When picking up a book titled Licensed to Practice: The Supreme Court Defines the American Medical Profession, one cannot be faulted for expecting a rather dry legal discourse on the Supreme Court case that cemented medical licensure as the norm of American life. James Mohr dispels these expectations from the very first page of the volume. Instead of recitation of legal doctrine, Mohr begins with a murder mystery. While we know from the very first pages the answer to “whodunit,” the (...) rest of the book masterfully explains why they did it. As it turns out, what led to the murder was an intense fight over the proper way to practice medicine. Mohr’s work is.. (shrink)

. Computational chemistry grew in a new era of “desktop modeling,” which coincided with a growing demand for modeling software, especially from the pharmaceutical industry. Parameterization of models in computational chemistry is an arduous enterprise, and we argue that this activity leads, in this specific context, to tensions among scientists regarding the epistemic opacity transparency of parameterized methods and the software implementing them. We relate one flame war from the Computational Chemistry mailing List in order to assess in (...) detail the relationships between modeling methods, parameterization, software and the various forms of their enclosure or disclosure. Our claim is that parameterization issues are an important and often neglected source of epistemic opacity and that this opacity is entangled in methods and software alike. Models and software must be addressed together to understand the epistemological tensions at stake. (shrink)

This article exploits the “binary license” offered by the title of the symposium in which it appears (“Comparative Relativism”) as a kind of promise of connection. The author suggests, however tentatively, that in the challenge of heterogeneity, fractality, perspective/-alism, and multiplicities lies the power of the forking pathway: the moment a relation is created through divergence. If we are invited—in the same breath—to consider forms of comparison and forms of relativism (dropping difference and similarity), we are also offered two paths, (...) one based on a world of singularities and multiplicities, and the other on a world of not-quite repetitions. The article asks if the binary is not essential to the epistemic work that Western (Euro-American) scholars might want to do, since we forever reinvent the divide between the modern and the post-/pre-modern. Strathern assumes the anthropologist's license to talk about concepts through persons, and begins by asking how Papua New Guineans who come together in a city compare themselves, and in contrast to ethnic comparisons elsewhere (e.g., contra Sarah Green's Balkan interactions). In talking about persons through concepts, it is worth asking what is entailed in relativizing one scholar's work through that of another. The author says that her “hunch” is that in both cases the analyst might wish to have the liberty of discerning—in the same breath—the multiplicities of what John Law and Annemarie Mol call perspectivalism (their very general alternative to comparison) and Eduardo Viveiros de Castro's radically divergent perspectivism (a self-contained, recursive and above all socially specific relativism). (shrink)

As medical technology continues to improve, more people will live longer lives with multiple chronic illnesses with increasing cumulative debilitation, including cognitive dysfunction. Combined with the aging of society in most developed countries, an ever-growing number of patients will require surrogate decision-makers. While advance care planning by patients still capable of expressing their preferences about medical interventions and end-of-life care can improve the quality and accuracy of surrogate decisions, this is often not the case, not infrequently leading to demands for (...) ineffective, inappropriate and prolonged interventions. In 1980 LaFollette called for the licensing of prospective parents, basing his argument on the harm they can do to vulnerable people. In this paper, I apply his arguments to surrogate decision-makers for cognitively incapacitated patients, rhetorically suggesting that we require potential surrogates to qualify for this position by demonstrating their ability to make reasonable and rational decisions for others. I employ this theoretical approach to argue that the loose criteria by which we authorize surrogates’ generally unchallenged power should be reconsidered. (shrink)

Government encouragement of free markets is a highly effective means of fostering pharmaceutical innovation; the NIH, by including “free-market provisions” in its licensing agreements that discourage anti-competitive and research-impeding behavior, can do a great deal to support this goal even without legislative overhaul.

Hugh LaFollette has proposed that in order to prevent statistically expected harm that many parents inflict on their children prospective parents should be licensed. This article evaluates his proposal by looking at various facts, statistical data and probability estimates related to sex differences in human mating and parenting behaviour provided by evolutionary psychology. It is suggested that these evolutionary considerations create a serious stalemate between certain basic moral principles to which LaFollette subscribes, thus rendering the entire proposal morally impracticable. It (...) is also argued along similar lines that parental licensing would endanger some of the most personal and intimate human relationships that, in LaFollette’s view, are essential for developing one’s capacity for impartial morality. (shrink)