This paper concerns the deficiencies of currentlyaccepted principles governing the fair use ofelectronically recorded data when applied to geneticinformation. Principles are proposed by which to dealwith the unique group-characteristics of geneticinformation.

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. (...) Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

The paper identifies in the literature two categories of codes of ethics, inspirational and prescriptive, and introduces new classification categories of allodial and decretal. The first classification is based on the identity of the ethics decision‐maker – the authors or the addressees of codes. The second classification is based on whether operational definitions are applied by the codes. Such concrete definitions may be in the rules themselves, in related documents or be known from shared knowledge. The second (...) classification has importance if national associations of accountants use codes as a means for assurance of specific outcomes of defined ethical behaviours. For the study, a survey of 57 codes of ethics issued by national associations of professional accountants was undertaken to determine the basic features of codes and to analyse their content. The areas of ethical concern in national associations were identified and compared to the IFAC model code for professional accountants. The paper reports that national organisations of accountants have promulgated decretal codes in 96% of cases examined. As these codes contain operational definitions, their outcomes can be scientifically measured and sanctions for breaches fairly and reasonably imposed. (shrink)

The paper identifies in the literature two categories of codes of ethics, inspirational and prescriptive, and introduces new classification categories of allodial and decretal. The first classification is based on the identity of the ethics decision‐maker – the authors or the addressees of codes. The second classification is based on whether operational definitions are applied by the codes. Such concrete definitions may be in the rules themselves, in related documents or be known from shared knowledge. The second (...) classification has importance if national associations of accountants use codes as a means for assurance of specific outcomes of defined ethical behaviours. For the study, a survey of 57 codes of ethics issued by national associations of professional accountants was undertaken to determine the basic features of codes and to analyse their content. The areas of ethical concern in national associations were identified and compared to the IFAC model code for professional accountants. The paper reports that national organisations of accountants have promulgated decretal codes in 96% of cases examined. As these codes contain operational definitions, their outcomes can be scientifically measured and sanctions for breaches fairly and reasonably imposed. (shrink)

The paper identifies in the literature two categories of codes of ethics, inspirational and prescriptive, and introduces new classification categories of allodial and decretal. The first classification is based on the identity of the ethics decision‐maker – the authors or the addressees of codes. The second classification is based on whether operational definitions are applied by the codes. Such concrete definitions may be in the rules themselves, in related documents or be known from shared knowledge. The second (...) classification has importance if national associations of accountants use codes as a means for assurance of specific outcomes of defined ethical behaviours. For the study, a survey of 57 codes of ethics issued by national associations of professional accountants was undertaken to determine the basic features of codes and to analyse their content. The areas of ethical concern in national associations were identified and compared to the IFAC model code for professional accountants. The paper reports that national organisations of accountants have promulgated decretal codes in 96% of cases examined. As these codes contain operational definitions, their outcomes can be scientifically measured and sanctions for breaches fairly and reasonably imposed. (shrink)

Influencer marketing is an increasingly important and ubiquitous component of strategic communication campaigns, yet one that remains ethically fraught, due largely to the nonexistence of, and objections to, ethics codes and/or regulation guiding its use or disclosure. This article describes a unique academic/industry hybrid study conducted in the Czech Republic combining (a) mixed-methods research in which marketing professionals, industry associations, influencers, and consumers served as participants and (b) a case study of the subsequent development and implementation of – and (...) positive responses to – that nation’s first “Fair Influencer” Code of Ethics, whose content was based directly on the research findings. To date, the Code has 150 signatories, representing all constituencies of the influencer-marketing sphere, and has been lauded by Czech and Slovak consumer and media outlets as well as influencers themselves, suggesting the applicability of similar efforts in other nations where influencer marketing thrives but still lacks – and encounters resistance to – ethical or regulatory oversight. (shrink)

Randomization procedures are used in legal and statistical applications, aiming to shield important decisions from spurious influences. This article gives an intuitive introduction to randomization and examines some intended consequences of its use related to truthful statistical inference and fair legal judgment. This article also presents an open-code Java implementation for a cryptographically secure, statistically reliable, transparent, traceable, and fully auditable randomization tool.

The browser wars case is a useful springboard for considering the principle of positive competition and the proper regulation of platform technologies. There are lessons to be culled about policy, the application of antitrust law, and the parameters of fair competition. We argue that despite Microsofts opportunistic exploitation of its proprietary code, policy makers should resist the temptation to mandate an open source code model. Vigilant anti-trust enforcement is a preferable alternative. But courts must refrain from using antitrust law (...) to favor small innovators or to constrain the economic protections inherent in intellectual property rights, since those rights are still needed to encourage innovation. On the other hand, despite the exigencies of competition, platform leaders should respect the norm of fair competition and refrain from the impulse to tilt the platform in their favor. Preservation of robust intellectual property rights, deft application of antitrust statutes, and principled competition represent the best prescription for social wealth in the New Economy. (shrink)

This paper identifies the ethical issues associated with college instructors’ use of plagiarism detection software (PDS), specifically the Turnitin program. It addresses the pros and cons of using such software in higher education, arguing that its use is justified on the basis that it increases institutional trust, and demonstrating that two common criticisms of such software are not universally valid. An analysis of the legal issues surrounding Turnitin, however, indicates that the way it is designed and operates raises some ethical (...) issues because it denies students notice, access and choice about the treatment of their personal information. The paper concludes with a set of guidelines for instructors using Turnitin in the classroom. (shrink)

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

The objective of this study is to test the embeddedness of codes of ethics (ECE) in organizations on aggregated data from three countries, namely Australia, Canada and the United States. The properties of four constructs of ECE are described and tested, including surveillance/training, internal communication, external communication and guidance. The data analysis shows that the model has satisfactory fit, validity and reliability. Furthermore, the results are fairly consistent when tested on each of the three samples (i.e. cross-national validation). This (...) cross-national study makes a contribution beyond previous descriptive or exploratory studies by using confirmatory factor analysis and structural equation modeling. Nevertheless, a number of limitations are raised, all of which provide opportunities for further research in refining, extending and testing the proposed ECE model in other cultural and corporate settings. (shrink)

The objective of this study is to test the embeddedness of codes of ethics (ECE) in organizations on aggregated data from three countries, namely Australia, Canada and the United States. The properties of four constructs of ECE are described and tested, including surveillance/training, internal communication, external communication and guidance. The data analysis shows that the model has satisfactory fit, validity and reliability. Furthermore, the results are fairly consistent when tested on each of the three samples (i.e. cross‐national validation). This (...) cross‐national study makes a contribution beyond previous descriptive or exploratory studies by using confirmatory factor analysis and structural equation modeling. Nevertheless, a number of limitations are raised, all of which provide opportunities for further research in refining, extending and testing the proposed ECE model in other cultural and corporate settings. (shrink)

Algorithms used in the public sector, e.g., for allocating social benefits or predicting fraud, often require involvement from multiple stakeholders at various phases of the algorithm’s life-cycle. This paper focuses on the communication issues between diverse stakeholders that can lead to misinterpretation and misuse of algorithmic systems. Ethnographic research was conducted via 11 semi-structured interviews with practitioners working on algorithmic systems in the Dutch public sector, at local and national levels. With qualitative coding analysis, we identify key elements of the (...) communication processes that underlie fairness-related human decisions. More specifically, we analyze the division of roles and tasks, the required skills, and the challenges perceived by diverse stakeholders. Three general patterns emerge from the coding analysis: (1) Policymakers, civil servants, and domain experts are less involved compared to developers throughout a system’s life-cycle. This leads to developers taking on the role of decision-maker and policy advisor, while they potentially miss the required skills. (2) End-users and policy-makers often lack the technical skills to interpret a system’s output, and rely on actors having a developer role for making decisions concerning fairness issues. (3) Citizens are structurally absent throughout a system’s life-cycle. This may lead to unbalanced fairness assessments that do not include key input from relevant stakeholders. We formalize the underlying communication issues within such networks of stakeholders and introduce the phase-actor-role-task-skill (PARTS) model. PARTS can both (i) represent the communication patterns identified in the interviews, and (ii) explicitly outline missing elements in communication patterns such as actors who miss skills or collaborators for their tasks, or tasks that miss qualified actors. The PARTS model can be extended to other use cases and used to analyze and design the human organizations responsible for assessing fairness in algorithmic systems. It can be further extended to explore communication issues in other use cases, design potential solutions, and organize accountability with a common vocabulary. (shrink)

This open access book offers insights into the development of the ground-breaking Global Code of Conduct for Research in Resource-Poor Settings (GCC) and the San Code of Research Ethics. Using a new, intuitive moral framework predicated on fairness, respect, care and honesty, both codes target ethics dumping – the export of unethical research practices from a high-income setting to a lower- or middle-income setting. The book is a rich resource of information and argument for any research stakeholder who opposes (...) double standards in research. It will be indispensable for applicants to European Union framework programmes, as the GCC is now a mandatory reference document for EU funding. (shrink)

Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this (...) familiar distinction, I think in many ways it is misleading. In an important sense, most free-market liberals are also “welfare-state” liberals. I say this because the overwhelming number of liberals, of both the pro-market and the pro-government variety, entertain a welfarist conception of political economy. On this dominant welfarist view, the ultimate justification of the politico-economic order is that it promotes human welfare. Traditional “welfare-state liberals” such as Robert E. Goodin manifestly adopt this welfarist conception. But it is certainly not only interventionists such as Goodin who insist that advancing welfare is the overriding goal of normative political economy. J. R. McCulloch, one of the great nineteenth-century laissez-faire political economists, was adamant that “freedom is not, as some appear to think, the end of government: the advancement of public prosperity and happiness is its end.” To be sure, McCulloch would have disagreed with Goodin about the optimal welfare-maximizing economic policy: the welfarist ideal, he and his fellow classical political economists believed, would best be advanced by provision of a legal and institutional framework — most importantly, the laws of property, contract, and the criminal code — that allows individuals to pursue their own interests in the market and, by so doing, promote public welfare. In general, what might be called the “classical-liberal welfare state” claims to advance welfare by providing the framework for individuals to seek wealth for themselves, while welfarists such as Goodin insist that a market order is seriously flawed as a mechanism for advancing human welfare and, in addition, that government has the competency to “correct market failures” in the provision of welfare. (shrink)

While it is well known that a Turing machine equipped with the ability to flip a fair coin cannot compute more than a standard Turing machine, we show that this is not true for a biased coin. Indeed, any oracle set X may be coded as a probability pX such that if a Turing machine is given a coin which lands heads with probability pX it can compute any function recursive in X with arbitrarily high probability. We also show (...) how the assumption of a non-recursive bias can be weakened by using a.. (shrink)

The following essay explores the intersection of care with ethical reflections on artificial intelligence. The current debate around AI ethics focuses on questions of moral AI judgment and the general criteria for maximizing the fairness, accountability, and transparency of these judgments. While this discussion is important, it all too often obfuscates the actual purpose and intention behind the use of the algorithmic or AI technology. Where the rationale for developing these technologies focuses on increasing optimization and innovation, concern must be (...) shifted to ensure that AI will be used primarily to address current inequities and harms, from exacerbating climate change to manipulating voters via social media to creating “better” weapons. (shrink)

The 1992 Convention on Biological Diversity (CBD) and its 2010 Nagoya Protocol brought about a breakthrough in global policy making. They combined a concern for the environment with a commitment to resolving longstanding human injustices regarding access to, and use of biological resources. In particular, the traditional knowledge of indigenous communities was no longer going to be exploited without fair benefit sharing. Yet, for 25 years after the adoption of the CBD, there were no major benefit sharing agreements that (...) led to significant funding streams for indigenous communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, described in this paper. As the authors report, the Rooibos Agreement is a superlative in two respects. It is the biggest benefit sharing agreement between industry and indigenous peoples to date. It is also the first industry-wide agreement to be formed in accordance with biodiversity legislation. This article is a co-production between traditional knowledge holders, the lawyer who represented their interests, the Co-Chair of the Nagoya Protocol negotiations, and an ethicist who analyzed the major challenges of this historic agreement. With no precedent in the benefit sharing world, the agreement stands as a concrete example of the ‘art of the possible.’ Although the rooibos case is unique in a number of aspects, the experience offers many transferable insights, including: patience; incrementalism; honesty; trust; genuine dialogue; strong legal support; a shared recognition that a fair, win-win deal is possible; government leadership; and unity amongst indigenous peoples. Such ingredients of success can apply well beyond southern Africa. (shrink)

Over the last 20+ years, globalization has made international trade and investment more efficient and productive. In the absence of coordinated global regulatory regimes, it has also made multinational corporations (MNCs) impervious to social concerns in the countries where they operate. There is considerable debate in the academic, political, and business arena as to the causes of the apparently inequitable distribution of benefits between labor and capital. Notwithstanding, the relative merits of this debate, and facing tremendous societal pressure, companies have (...) adopted voluntary codes of conduct to ensure that workers making products for them in poor and developing countries are protected from hazardous working conditions and receive wages that meet local laws and market conditions. These codes, however, suffer from a lack of credibility and proof of substantive compliance. A new type of nongovernmental organization (NGO) has emerged that monitors a company's compliance with prespecified standards and provides assurance to the external stakeholders that the company has fulfilled its voluntary obligations. From an historical perspective, this has been an innovative phenomenon where the monitoring organization purports to act as an honest broker to ensure all concerned that the company/industry has fulfilled its obligations. In this article, we undertake a thorough examination of two such organizations, that is, Fair Labor Association, and Social Accountability International, that have played a pioneering role in bridging the gap between societal expectations and corporate performance. We examine their governance structures, operating procedures, monitoring standards, and public disclosure of findings, and above all, their success in improving the level of corporate compliance with their self‐created codes or standards. Unfortunately, our findings and conclusions are disappointing. In our view, the two groups have mostly failed to meet their avowed goals. Rather than using their NGO status to help companies improve their code compliance, they have suffered from managerial capture and have been reduced to corporate apologists. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Purpose This paper aims to unveil the general nature of virtual chat groups in multi-ethnic societies like Nigeria towards knowing whether and how diversity inclusiveness codes of conduct are encouraged and managed among virtual chat group participants. Design/methodology/approach Data in this research was collected via five virtual focus groups of five to eight discussants each and was complemented by virtual field surveys. Responses were validated through verification of registered personal mobile phone numbers. Each design was implemented to cover Nigeria’s (...) six geopolitical zones. The research was broadly framed – according to the uses and gratification theory, social inclusion hypothesis and utilitarian theory of ethics. Findings The research shows how virtual chat groups can enhance understanding of diversities. However, virtual chat-group outcomes are better managed if anticipated gratifications are predictable and based on the utilization of stated conduct codes. Research limitations/implications Given Nigeria’s vast population, the sample size for this study is not adequate nor systematic enough towards generalizations. However, the diverse background of focus group discussants enhances the vista for understanding inclusive virtual chats in diverse societies. Moreover, the instruments of research data collection were validated. Practical implications This research points out that virtual chat groups’ codes of conduct are most effective when participants can anticipate collective gratifications. However, firmness and fairness in the implementation of code of conduct principles are essential for long-term virtual group chat sustenance. Social implications Code of conduct principles are essential for the long-term virtual chat group sustenance. When this is achieved, some of the social problems of Nigeria may be solved, and the social, ethnic and religious differences may not hinder the proper development of the country. Originality/value The research exposes the nature and role of virtual chat group communication inclusivity codes of conduct amidst participants’ demographic diversity. (shrink)

The widespread application of QR code technology is best represented by the health codes used in China’s pandemic prevention and control. This technology has enhanced the country’s ability to manage the pandemic by achieving higher efficiency and accuracy. Unfortunately, a certain segment of the older population has encountered difficulties in adapting and maintaining their daily activities. This indicates the limitations of QR code technology in achieving social isolation. This article argues that for a more comprehensive pandemic prevention and control (...) policy system to be established, managing the implementation of this very technology should be done in a more humane fashion, i.e. under the guidance of three moral principles: benevolence, justice, and non-maleficence. By doing so, implementation of QR code technology is done in a way that is not only conducive to COVID-19 prevention and control but also mitigate marginalization of the older people. In the post-pandemic era, the socialization of digital technology will accelerate. Therefore, in the field of public health, we should direct attention not only to the fair distribution of resources but also to the issue of identity that arises due to digital divide. (shrink)

President Lincoln's platform included a recommendation of "a vigorous and just system of taxation," because he believed that if you had been blessed by living in America and had benefited from what this country has to offer, then you should do more for your country. One hundred forty years later, we still need a "vigorous and just system of taxation," not because we like taxes, but because, as Oliver Wendell Holmes said, taxes are the price we pay for a civilized (...) society. We have been having a tax debate for more than a century, but what is new about today's debate is that tour leaders want to shift the tax burden from unearned income straight on to the backs of working people. This radical notion turns on its head the very values that built America — rewarding hard work. My radical notion is that it is time to abolish the work penalty by abolishing the tax code of special privileges for wealth. In this talk I set forth a set of ideas to do just that, and further I show how we can use our tax code to encourage asset building and reduce poverty. (shrink)

President Lincoln's platform included a recommendation of "a vigorous and just system of taxation," because he believed that if you had been blessed by living in America and had benefited from what this country has to offer, then you should do more for your country. One hundred forty years later, we still need a "vigorous and just system of taxation," not because we like taxes, but because, as Oliver Wendell Holmes said, taxes are the price we pay for a civilized (...) society. We have been having a tax debate for more than a century, but what is new about today's debate is that tour leaders want to shift the tax burden from unearned income straight on to the backs of working people. This radical notion turns on its head the very values that built America — rewarding hard work. My radical notion is that it is time to abolish the work penalty by abolishing the tax code of special privileges for wealth. In this talk I set forth a set of ideas to do just that, and further I show how we can use our tax code to encourage asset building and reduce poverty. (shrink)

There is increasing interest in clarifying how different face emotion expressions are perceived by people from different cultures, of different ages and sex. However, scant availability of well-controlled emotional face stimuli from non-Western populations limit the evaluation of cultural differences in face emotion perception and how this might be modulated by age and sex differences. We present a database of East Asian face expression stimuli, enacted by young and older, male and female, Taiwanese using the Facial Action Coding System (FACS). (...) Combined with a prior database, this present database consists of 90 identities with happy, sad, angry, fearful, disgusted, surprised and neutral expressions amounting to 628 photographs. 20 young and 24 older East Asian raters scored the photographs for intensities of multiple-dimensions of emotions and induced affect. Multivariate analyses characterized the dimensionality of perceived emotions and quantified effects of age and sex. We also applied commercial software to extract computer-based metrics of emotions in photographs. Taiwanese raters perceived happy faces as one category, sad, angry, and disgusted expressions as one category, and fearful and surprised expressions as one category. Younger females were more sensitive to face emotions than younger males. Whereas older males showed reduced face emotion sensitivity, older female sensitivity was similar or accentuated relative to young females. Commercial software dissociated six emotions according to the FACS demonstrating that defining visual features were present. Our findings show that East Asians perceive a different dimensionality of emotions than Western-based definitions in face recognition software, regardless of age and sex. Critically, stimuli with detailed cultural norms are indispensable in interpreting neural and behavioral responses involving human facial expression processing. To this end, we add to the tools, which are available upon request, for conducting such research. (shrink)

This paper aims to provide a conceptual analysis of blood-sport as a concept. Through utilising a generalised notion of sport as well as the concept of fair-play, the objective will be to examine whether blood-sports are games and analyse to what extent, if any, blood-sports can be properly called ‘sports’. For the purposes of application and because of the sheer numbers of birds used in the sports-shooting industry, the paper will focus on a discussion of game-birding, but the findings (...) will apply to the practice of ‘blood-sport’ more generally. Work by Sam P. Morris (IJAP, 2014) argues that ‘fair-chase hunting’ can be classified as a game, as well as a sport, although Morris stresses that answers to questions concerning the sport status of hunting do not provide answers to questions regarding the ethics of blood-sports. The author of this paper agrees with Morris regarding the latter point, but pace Morris, she argues that it is doubtful that blood-sport is a game let alone a sport, and that even if one assumes for argument's sake that it is indeed a game, it cannot be properly classed as sport, and that a fair-chase code undermines itself in the context of so called ‘blood-sports’.Footnote1. (shrink)

Intellectual property Rights (IPRs) is protected by different systems of laws. Journals must choose a definitive form of systems. Some Blackwell journals use copyright system and some Blackwell use license from authors. Now a days online journals are using creative common licenses. Under creative common license journals are open access, allowed to download, copy, distribute, and display derivative works with proper attribution to author or owner for noncommercial purpose at a free cost. Education on IPRs will support to comprehend ones (...) rights, professional code of conduct and the doctrine of "fair use" in publication. One cannot do anything with once writing. Researchers, academic, editors and readers must have the basic knowledge on who owns the rights in a publication and what users can do with the publication by law. (shrink)

The fair use doctrine is at once the most significant and the most problematic qualification of the copyright owner's right to exclusivity. An affirmative defense against copyright liability, the fair use doctrine legitimates certain unauthorized reproductions of copyrighted materials that would otherwise be regarded as copyright infringements. Notwithstanding its importance, “fair use” continues to be “the most troublesome [doctrine] in the whole law of copyright.” Throughout its long history, neither courts nor legislatures have provided a useful definition (...) of “fair use” nor have they adumbrated its objectjves. Since the doctrine's inception over two and a half centuries ago, courts and legislatures have attempted to formulate, explicate, refine, and revamp the fair use doctrine. Generally, these efforts have proven unfruitful. At best, they have resulted in various formulations of how to approach fair use questions that offer courts and users of copyrighted works scant guidance on how fair use should be recognized. All this would not have been of grave concern had judges shared a common understanding of fair use or of the principles that should guide them in deciding fair use cases. The problem is that they do not. Rather, the case law reflects wdely divergent notions of the concept of fair use. The lack of consensus is best witnessed in the multiple reversals and divided courts that have become the hallmark of fair use litigation. (shrink)

In this article we report the findings of a randomised control clinical trial that assessed the impact of a Philosophy for Children program and replicated a previous study conducted in Scotland by Topping and Trickey. A Cognitive Abilities Test was administered as a pretest and a posttest to randomly selected experimental groups and control groups. The students in the experimental group engaged in philosophy lessons in a setting of structured, collaborative inquiry in their language arts classes for one hour per (...) week for a number of weeks. The control group received the standard language arts curriculum in that one hour. The study found that the seventh grade students who had experienced the P4C program showed significant gains relative to those in the seventh grade control group at a high level of statistical significance, but the eighth grade students in the experimental group did not show such gains over the eighth grade control group. It was discovered that the seventh grade teachers started the program early in the school year and continued it for a period of 22 to 26 weeks, while the eighth grade teachers started much later and used the program for only 4 to 10 weeks. Our findings suggest that the P4C program must involve students in activities for a significant period of time before the program shows results, but that a meaningful impact on students’ cognitive abilities can be achieved in about 24 weeks of lessons, less than half the time evidenced by the study by Topping and Trickey. (shrink)

Appropriation art involves the use of pre-existing works of art with little to no transformation. Works of AA fail to satisfy established criteria for originality, such as creative labour and transformative use. As such, appropriation artists are often subject to copyright lawsuits and defend their work under the fair use doctrine of US copyright law. In legal cases regarding AA and fair use, judges lack a general principle whereby they can determine whether or not the offending party has (...) ‘transformed’ the original work. Further, it is not the case that there is some antecedent fact that could determine the outcome one way or another. I diagnose debates surrounding the transformative nature of works of AA as cases of ‘metalinguistic negotiation’ over what concepts we should attach to terms like ‘copy’, ‘transformative’, and ‘work of art’. (shrink)

This article explores the relationship between automatic and involuntary language in the work of Samuel Beckett and late nineteenth-century neurological conceptions of language that emerged from aphasiology. Using the work of John Hughlings Jackson alongside contemporary neuroscientific research, we explore the significance of the lexical and affective symmetries between Beckett’s compulsive and profoundly embodied language and aphasic speech automatisms. The interdisciplinary work in this article explores the paradox of how and why Beckett was able to search out a longed-for language (...) of feeling that might disarticulate the classical bond between the language, intention, rationality and the human, in forms of expression that seem automatic and “readymade”. (shrink)

In this article we report the findings of a randomised control clinical trial that assessed the impact of a Philosophy for Children program and replicated a previous study conducted in Scotland by Topping and Trickey. A Cognitive Abilities Test was administered as a pretest and a posttest to randomly selected experimental groups and control groups. The students in the experimental group engaged in philosophy lessons in a setting of structured, collaborative inquiry in their language arts classes for one hour per (...) week for a number of weeks. The control group received the standard language arts curriculum in that one hour. The study found that the seventh grade students who had experienced the P4C program showed significant gains relative to those in the seventh grade control group at a high level of statistical significance, but the eighth grade students in the experimental group did not show such gains over the eighth grade control group. It was discovered that the seventh grade teachers started the program early in the school year and continued it for a period of 22 to 26 weeks, while the eighth grade teachers started much later and used the program for only 4 to 10 weeks. Our findings suggest that the P4C program must involve students in activities for a significant period of time before the program shows results, but that a meaningful impact on students’ cognitive abilities can be achieved in about 24 weeks of lessons, less than half the time evidenced by the study by Topping and Trickey. (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)

Samuel Butler, a contemporary critic of Charles Darwin, proffered an alternative, vitalistic account of evolution. At the same time, he put into question all modern naturalistic treatments of this fundamental idea which presuppose that evolution is mainly a scientific problem. On the contrary, Butler in effect insists, this extremely vague idea calls for not an `explanation' but rather a fairly comprehensive, plausible story that helps elucidate an inherently complex idea. Butler can thus be read as outlining an anthropomorphic metaphorics that (...) evokes a living Cosmos wherein it might be possible to do justice to the problem which Darwin left unresolved---the problem of heredity. In this picture of the Cosmos Butler links the fundamental notion of organization not to the allegedly universal and immutable `laws of nature,' as the moderns would have it, but rather to dynamically evolving relationships between only more or less stable habits. The variations in extant habits that emergence elicits are moreover the products of quasi-intelligent responses to new challenges from the environment. For Butler follows Lamarck in holding that all organisms possess powers capable of responding to felt needs and/or desires to make alterations in the habits (or instincts) that characterize their modes of existence. He thus in the end effectively bequeaths to his readers a challenge to extend and amplify, if possible, his outline of a promising metaphysical imaginary that can take into account some highly unorthodox conjectures. Normal 0 false false false EN-AU X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif";}. (shrink)

Samuel Butler, a contemporary critic of Charles Darwin, proffered an alternative, vitalistic account of evolution. At the same time, he put into question all modern naturalistic treatments of this fundamental idea which presuppose that evolution is mainly a scientific problem. On the contrary, Butler in effect insists, this extremely vague idea calls for not an `explanation' but rather a fairly comprehensive, plausible story that helps elucidate an inherently complex idea. Butler can thus be read as outlining an anthropomorphic metaphorics that (...) evokes a living Cosmos wherein it might be possible to do justice to the problem which Darwin left unresolved---the problem of heredity. In this picture of the Cosmos Butler links the fundamental notion of organization not to the allegedly universal and immutable `laws of nature,' as the moderns would have it, but rather to dynamically evolving relationships between only more or less stable habits. The variations in extant habits that emergence elicits are moreover the products of quasi-intelligent responses to new challenges from the environment. For Butler follows Lamarck in holding that all organisms possess powers capable of responding to felt needs and/or desires to make alterations in the habits that characterize their modes of existence. He thus in the end effectively bequeaths to his readers a challenge to extend and amplify, if possible, his outline of a promising metaphysical imaginary that can take into account some highly unorthodox conjectures. (shrink)

In a remarkable development, I have constructed a new definition for a self-delimiting universal Turing machine (UTM) that is easy to program and runs very quickly. This provides a new foundation for algorithmic information theory (AIT), which is the theory of the size in bits of programs for selfdelimiting UTM's. Previously, AIT had an abstract mathematical quality. Now it is possible to write down executable programs that embody the constructions in the proofs of theorems. So AIT goes from dealing with (...) remote idealized mythical objects to being a theory about practical down-to-earth gadgets that one can actually play with and use. (shrink)

Used wisely the concepts of race and ethnicity in research have great potential, but used unwisely they can do immense damage. We need to consider the potential issues that might require a change of emphasis or application of ethics in a multi-ethnic society. Doing no harm is the most important ethical pillar in the ethnicity and health field. Ethnic differences can be used in damaging ways. Without the ethic of beneficence in place it is better not to draw attention to (...) ethnic differences. Respect is the pre-condition for autonomy. Autonomy of ethnic minority populations to live in their own traditional way is not easy to achieve in multi-ethnic societies. There are difficult issues in multi-ethnic societies that require great sensitivity to create a sense of fairness and justice. Justice is the core value that underpins equity. There is a deep paradox – to promote equality, we may need to treat people and groups unequally. Ethical codes need to be modified to emphasize the importance of including ethnic minority populations in research and not bypassing them, as has been happening. It is correct, for example, that potential research participants' personal details are guarded. If such a person, however, does not read it may be unethical to send written information about a project. It may be more ethical to tele phone or even call at the doorstep of such a person. The history of racism in research is worrying, not least the fear that it might return. We need a governing code of conduct. Ethical research can help ethnic minority groups to move from the shadows of society and participate in a vibrant, healthy, multi-ethnic society. (shrink)

Should public health authorities have access to your personal medical information without your permission? The usual justifications for requiring informed consent do not necessarily apply. That is not to say that consent may be avoided in all situations, just that the reasons for requiring consent in public health are different than for traditional medical treatment.

The United Nations Global Compact (UNGC) was created in 2000 to leverage UN prestige and induce corporations to embrace 10 principles incorporating values of environmental sustainability, protection of human rights, fair treatment of workers, and elimination of bribery and corruption. We review and analyze the GC’s activities and impact in enhancing corporate social responsibility since inception. First, we propose an analytical framework which allows us to assess the qualities of the UNGC and its principles in the context of external (...) and internal elements that influence code effectiveness and implementation. Second, we analyze UNGC performance in encouraging companies to become signatory members and bring about demonstrable change in corporate CSR-sustainability activities. In its 10-year report, UNGC has proclaimed growth in both membership and program activity. However, all credible and publicly available data and documentation conclusively demonstrate that the UNGC has failed to induce its signatory companies to enhance their CSR efforts and integrate the 10 principles in their policies and operations. The result has been a loss of public trust and support of UNGC from important constituencies among civil society organizations, and those individuals and groups adversely impacted by corporate activities and resultant negative externalities. This diminished credibility has also made UNGC largely dependent on the corporate sector for its very survival. We conclude that this dependence has in turn impaired and would continue to hinder UNGC’s ability to fulfill its mission. Such an outcome raises serious questions as to the viability, usefulness, and continued existence of UNGC. (shrink)

An insight, Central to platonism, That the objects of pure mathematics exist "in some sense" is probably essential to any adequate account of mathematical truth, Mathematical language, And the objectivity of the mathematical enterprise. Yet a platonistic ontology makes how we can come to know anything about mathematical objects and how we use them a dark mystery. In this paper I propose a framework for reconciling a representation-Relative provability theory of mathematical truth with platonism's valid insights. Besides helping to clarify (...) the ontology of pure mathematics, I think this approach suggests a novel philosophical interpretation of some central results of modern mathematics, Including godel's incompleteness theorems and the independence theorems for the continuum hypothesis. (shrink)

Looking at the metaphorical similarities between abortion statutes and copyright law reveals reproductive laws' stake in property ideologies. "Fair use" provisions in copyright law are analogous to abortion rights, delimiting the extent to which a non-owner (one who copies, a mother) can exert control over material "belonging" to another. The similarity suggests that the way to understand abortion fury is as a manifestation of property rights.

The paper examines the epistemological side of the Laclau’s political theory, incorporating tools that aim to convert discourse theory into a rigorous, useful, and valid method for socio-political and critical analysis in social sciences. In the first part, it displays some epistemological assumptions and arguments. The second part analyses some problematic epistemological aspects derived from the arguments. The proposal is based on Laclau’s main texts, complementing the analysis with related tools from critical hermeneutics and existential phenomenology. It is argued that (...) the incorporation of these tools to political discourse analysis contribute to solve some of the methodological and epistemic deficits of the theory of hegemony. El trabajo examina el plano epistemológico de la teoría política de Ernesto Laclau, aportando herramientas que tienen por objeto convertir a la teoría del discurso en un método riguroso, útil y válido para el análisis sociopolítico y crítico en ciencias sociales. En la primera parte, despliega una serie de postulados y presupuestos epistémicos. En la segunda parte, analiza algunos aspectos gnoseológicos problemáticos que se derivan de los postulados. Para desarrollar la propuesta, se toman como base los principales textos de Laclau, complementando el análisis con herramientas afines provenientes de la hermenéutica crítica y la fenomenología existencialista. Se sostiene que la incorporación de estas herramientas al análisis político del discurso contribuye a resolver algunos de los déficits metodológicos y epistémicos que presenta la teoría de la hegemonía. (shrink)

Recently, unrestrained consequentialism has been defended against the charge that it leads to unacceptable trade-offs by showing a tradeoff accepted by many of us is not justified by any of the usual nonconsequenlist arguments. The particular trade-off involves raising the speed limit on the Interstate Highway System. As a society, we seemingly accept a trade-off of lives for convenience. This defense of consequentialism may be a tu quoque, but it does challenge nonconsequentialists to adequately justify a multitude of social decisions. (...) Work by the deontologist Frances Kamm, conjoined with a perspective deployed by several economists on the relation between social costs and lives lost, is relevant. It provides a starting point by justifying decisions which involve trading lives only for other lives. But the perspective also recognizes that using resources in excess of some figure to save a life causes us to forego other live-saving activities, thus causing a net loss of life. Setting a speed limit as low as 35 miles per hour might indeed save some lives, but the loss of productivity due to the increased time spent in travel would cost an even greater number of lives. Therefore, many trade-offs do not simply involve trading lives for some lesser value, but are justified as allowing some to die in order to save a greater number. (shrink)

Changing Methods is a collection of original essays by feminist practitioners, scholars, and activists. The authors show why "the method question" has moved to the top of many feminist research and interpretive research strategies, and engage in thinking about how ideas and actions have developed within complex social circumstances. The essays in this book challenge the tradition that has allowed abstracted, formalized versions of the ideas and experiences of privileged white men to set standards for how everyone should conduct themselves. (...) The authors use new-found knowledge to displace the dominant ideology constructed around race, class, gender, and heterosexual privilege, and then propose innovative feminist-informed analyses of subjects as diverse as political change, critical linguistics, child care, religious studies, and violence against women. (shrink)

Holistically ignited Hebbian models are fundamentally different from the serially organized connectionist implementations of language. This may be important for the recovery of language after injury, because connectionist models have provided useful insights into recovery of some cognitive functions. I ask whether cell assembly modelling can make an important contribution and whether the apparent incompatibility with successful connectionist modelling is a problem.

As with other rights, such as liberty and organization, intellectual property (IP) rights are often overlooked or disregarded simply because they are intangible. Yet, IP rights are essential to the workings of our society, and upholding them means greater freedom to invent, create, and advance.

Professor geach's article criticized our earlier "analysis" paper on pages 48-50 of "on denoting." he took us to have offered an account of russell's earlier use of the expression "denoting phrase" which he regarded as inadequate. But we had not done so: we were interested solely in the denoting phrases which are perplexing russell on those pages, And we repeat our view that the problem which russell had found arises as much for frege's theory of reference as for russell's own (...) earlier theory. The extension of "denoting phrase" as used in "principles of mathematics" is irrelevant, As was geach's subsequent discussion of the problem we tried to identify. (shrink)